Order of the General Court (Second Chamber) of 3 December 2013 —
Pri v OHIM — Belgravia Investment Group (PRONOKAL)

(Case T‑159/12)

Removal from the register — Pleading submitted at the time of discontinuance — Inadmissibility

Community trade mark — Appeals procedure — Action before the EU judicature — Possibility for the General Court to alter the contested decision — Limits (Council Regulation No 207/2009, Art. 65) (see para. 24)

Re:

Firstly, action brought against the decision of the Second Board of Appeal of OHIM of 20 December 2011 (Case R 311/2011-2), concerning opposition proceedings between Pri SA and Belgravia Investment Group Ltd, and, secondly, application for rejection of the application for registration of the mark applied for in respect of all the goods covered by the opposition proceedings.

Operative part

1. Case T‑159/12 is removed from the register of the General Court.

2. The pleadings lodged by Pri SA, contained in the letter filed at the Registry of the General Court on 13 September 2013, requesting, firstly, that the General Court state that the opposition was withdrawn; secondly, that it rescind the decision of the Opposition Division of 7 December 2010 in so far as it rejects in part the opposition; and, thirdly, that it order that the ‘release in full’ of the mark PRONOKAL be registered are dismissed as inadmissible.

3. Pri SA is ordered to bear its own costs and pay those incurred by OHIM.

4. Belgravia Investment Group Ltd is ordered to bear its own costs.