ORDER OF THE GENERAL COURT (Sixth Chamber)
5 July 2010(1)
(Community trade mark – Opposition – Withdrawal of the opposition – No need to adjudicate)
In Case T-103/09,
Anna Elisabeth Richarda von Oppeln-Bronikowski and Baron Zebulon Baptiste von Oppeln-Bronikowski residing in Düsseldorf (Germany), represented by V. Knies, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by J. Crespo Carillo, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Pomodoro Clothing Company Limited, established in London (United Kingdom), represented by T. Carl, Solicitor,
ACTION brought against the decision of the First Board of Appeal of OHIM of 7 January 2009 (Case R 325/2008-1), relating to opposition proceedings between Pomodoro Clothing Company Limited and Anna Elisabeth Richarda von Oppeln-Bronikowski and Baron Zebulon Baptiste von Oppeln-Bronikowski,
THE GENERAL COURT (Sixth Chamber),
composed of A. W. H. Meij, President, V. Vadapalas, L. Truchot, Judges,
Registrar: E. Coulon,
makes the following
Order
1 By letter lodged at the Registry of the Court on 28 May 2010, the applicant informed the Court of an agreement between itself and the intervener and that, pursuant to that agreement, the intervener was withdrawing its opposition to the application for registration of the contested mark. It also informed the Court that, under that agreement, each party was to bear its own costs.
2 By letter lodged at the Registry of the Court on 8 June 2010, the defendant informed the Court that, it raises no objection to the case being declared devoid of purpose. The defendant requests the Court not to order it to pay the costs.
3 The intervener did not lodge any observations relating to the case being declared devoid of purpose.
4 Pursuant to Article 113 of the Rules of Procedure of the Court, it suffices in the present case to find that, in the light of the withdrawal of the opposition for registration, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on the action (order in Case T‑10/01 Lichtwer Pharma v OHIM – Biofarma (Sedonium) [2003] ECR II‑2225, paragraphs 16 to 18).
5 Article 87(6) of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs are in the discretion of the Court.
6 In the present case, the Court considers that the applicant and the intervener must be ordered to bear their own costs and to pay those incurred by the defendant.
On those grounds,
THE GENERAL COURT (Sixth Chamber)
hereby orders:
1. There is no need to adjudicate on the action.
2. The applicant and the intervener shall bear their own costs and shall each pay half of those incurred by the defendant.
Luxembourg, 5 July 2010 .