ORDER OF THE GENERAL COURT (Sixth Chamber)
3 July 2012 (1)
(Community trade mark – Opposition – Withdrawal of the opposition – No need to adjudicate)
In Case T-606/11,
Woodman Labs, Inc., established in Sausalito (United States), represented by M. Graf, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by P. Geroulakos, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, being
2 Mas 2 Publicidad Integral, SL, established in Vitoria-Gasteiz (Spain)
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 29 September 2011 (Case R 876/2010-4), relating to opposition proceedings between 2 Mas 2 Publicidad Integral, SL and Woodman Labs, Inc.,
THE GENERAL COURT (Sixth Chamber),
composed of H. Kanninen, President, N. Wahl (Rapporteur), S. Soldevila Fragoso, Judges,
Registrar: E. Coulon,
makes the following
Order
1 By letter lodged at the Registry of the Court on 23 May 2012, the defendant informed the General Court of an agreement between the applicant and the other party to the proceedings before the Board of Appeal of OHIM, 2 Mas 2 Publicidad Integral, SL, and that, pursuant to that agreement, the other party to the proceedings before the Board of Appeal of OHIM has withdrawn its opposition to the application for registration of the contested mark. The defendant stated also that, in its view, there was no longer any need to adjudicate on the present action. The defendant did not seek an order as to costs.
2 By letter lodged at the Registry of the Court on 31 May 2012, the applicant signified its agreement to the request for an order that there was no need to adjudicate. The applicant did not seek an order as to costs.
3 Pursuant to Article 113 of the Rules of Procedure of the General Court, it suffices in the present case to find that, in the light of the withdrawal of the opposition, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on it (order in Case T‑10/01 Lichtwer Pharma v OHIM – Biofarma (Sedonium) [2003] ECR II‑2225, 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 General Court considers that in the absence of any claim in that regard, the parties must be ordered to bear their own costs.
On those grounds,
THE GENERAL COURT (Sixth Chamber)
hereby orders:
1. There is no need to adjudicate on the action.
2. Each party shall bear its own costs.
Luxembourg, 3 July 2012.
E. Coulon | H. Kanninen
Registrar | President |