Notice for the OJ

 

ORDER OF THE COURT OF FIRST INSTANCE

of 2 March 2005

in Case T-305/03 Opus Dent GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ¹

(Community trade mark - Opposition - Opposition withdrawn - No need to give judgment)

(Language of the case: German)

In Case T-305/03: Opus Dent GmbH, established in Freising (Germany), represented by P.J.A. Munzinger and S. Abel, lawyers, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Agent: B. Müller), the intervener before the Court being Dornier MedTech Systems GmbH (formerly: Dornier Medizintechnik GmbH), established at Weβling (Germany), represented by J. Kroher and A. Hettenkofer, lawyers ─ action brought against the decision of the Second Board of Appeal of OHIM of 23 June 2003 (Case R 579/2002-2), relating to opposition proceedings between Opus Dent GmbH and Dornier MedTech Systems GmbH ─ the Court of First Instance (Fourth Chamber), composed of H. Legal, President, P. Lindh and V. Vadapalas, Judges; H. Jung, Registrar, made an order on 2 March 2005, the operative part of which is as follows:

There is no need to give judgment on the action.

The applicant and the intervener shall bear their own costs and shall each pay half of those incurred by the defendant.

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¹ - OJ C 275, 15.11.2003.