ORDER OF THE GENERAL COURT (Second Chamber)
3 July 2014 (1)
(Community trade mark – Opposition – Withdrawal of the opposition – No need to adjudicate)
In Case T-206/13,
Stance, Inc., established in San Clemente (United States), represented by R. Kunze and G. Würtenberg, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by V. Melgar, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
Pokarna Ltd, established in Secundrabad Andhra Pradesh (India),
ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 1 February 2013 (Case R 885/2012-5), relating to opposition proceedings between Pokarna Ltd and Stance, Inc.,
THE GENERAL COURT (Second Chamber),
composed of M. E. Martins Ribeiro (Rapporteur), President, S. Gervasoni, L. Madise, Judges,
Registrar: E. Coulon,
makes the following
Order
1 By letter lodged at the Registry of the Court on 28 May 2014, the applicant informed the Court that there was no longer any need to adjudicate on the present action. It did not seek an order as to the costs of proceedings.
2 By letter lodged at the Registry of the Court on 13 June 2014, the defendant confirmed that it raised no objection to the case being declared devoid of purpose. The defendant requested that the applicant be ordered to pay the costs.
3 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 application for registration, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on it (order of 3 July 2003, Lichtwer Pharma v OHIM - Biofarma (Sedonium), T‑10/01, ECR, EU:T:2003:182, paragraphs 16 to 18).
4 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.
5 In the present case, the Court considers that the applicant shall be ordered to bear the costs.
On those grounds,
THE GENERAL COURT (Second Chamber)
hereby orders:
1. There is no need to adjudicate on the action.
2. The applicant shall bear its own costs and those incurred by the defendant.
Luxembourg, 3 July 2014.
E. Coulon | | M. E. Martins Ribeiro |