ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
20 April 2012 (1)
(Removal from the register)
In Case T-163/10,
Entegris, Inc., established in Chaska (United States), represented by M. Rosser, Solicitor, and T. Ludbrook, Barrister,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by S. Schäffner, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Optimize Technologies, Inc., established in Oregon City (United States), represented by M. Graf, lawyer,
Action brought against the decision of the Second Board of Appeal of OHIM of 18 January 2010 (Case R 802/2009‑2), relating to opposition proceedings between Entegris, Inc. and Optimize Technologies, Inc.
1 By letter lodged at the Registry of the General Court on 15 March 2012, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It sought no order as to costs.
2 By letter lodged at the Registry of the Court on 3 April 2012, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested that the applicant should be ordered to bear the costs.
3 By letter lodged at the Registry of the Court on 23 March 2012, the intervener informed the Court that it confirms that a friendly settlement between the parties had been found. It sought no order as to costs.
4 The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance.
5 The case should therefore be removed from the register, the applicant ordered to bear its own costs and those of the defendant and the intervener should be ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-163/10 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those of the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 20 April 2012.