ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
6 September 2010(1)
(Removal from the register)
In Case T-505/09,
The Carlyle, LLC, established in St. Louis, Missouri (United States), represented by E. Cornu, E. De Gryse, D. Moreau, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by D. Botis, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
MRP Consult OG, formerly Mascha & Regner Consulting KEG, established in Vienna (Austria), represented by T. Schulte-Beckhausen, S. MaaBen, lawyers,
ACTION brought by the proprietor of the Community word mark ‘CAFE CARLYLE’ in respect of services in Class 42 for annulment of Decision R 239/2009-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 8 October 2009 regarding the request for revocation lodged by Mascha & Regner Consulting.
1 By letter lodged at the Registry of the General Court on 10 August 2010, the applicant informed the General Court, in accordance with Article 99 of the Rules of Procedure, that it wished to discontinue proceedings and that the question of costs had been the subject of an agreement between the parties, according to which the applicant shall bear its own costs and those incurred by the defendant.
2 By letter lodged at the Registry of the General Court on 16 August 2010, the defendant informed the General Court that it had no observations to make concerning the discontinuance of the proceedings and requested that the applicant should be ordered to bear the defendants costs.
3 The intervener has not submitted any observations on the application to discontinue proceedings in the time limit, fixed by the Registrar of the General Court.
4 The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance. Further, the second subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.
5 The case will therefore be removed from the register, the applicant must be ordered to bear its own costs and those incurred by the defendant, and the intervener must be ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-505/09 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those of the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 6 September 2010.