ORDER OF THE GENERAL COURT (Second Chamber)
17 July 2012 (1)
(Community trade mark – Partial refusal to register – Withdrawal of the application for registration – No need to adjudicate)
In Case T-517/11,
United States Polo Association, established in Lexington (United States), represented by P. Goldenbaum, I. Rohr, T. Melchert, lawyers,
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, intervener before the Court, being
The Polo/Lauren Company, LP, established in New York (United States), represented by M. Granado Carpenter, M. Polo Carreño, lawyers,
ACTION brought against the decision of the Second of Appeal of OHIM of 17 June 2011 (Case R 1170/2010-2), relating to opposition proceedings between United States Polo Association and The Polo/Lauren Company, LP,
THE GENERAL COURT (Second Chamber),
composed of N. J. Forwood, President, F. Dehousse (Rapporteur), J. Schwarcz, Judges,
Registrar: E. Coulon,
makes the following
Order
1 By letter lodged at the Registry of the Court on 5 June 2012, the applicant informed the Court that it was withdrawing its application for registration of the contested trade mark and stated that, in its view, there was no longer any need to adjudicate on the present action. It requests for the defendant to bear the costs.
2 By letter lodged at the Registry of the Court on 15 June 2012, the defendant signified its agreement to the request for an order that there was no need to adjudicate. The defendant requests the Court to order the applicant to bear the costs.
3 By letter lodged at the Registry of the Court on 21 June 2012, the intervener signified its agreement to the request for an order that there was no need to adjudicate. It requests the Court to order the applicant to bear the costs.
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 application for registration, 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).
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.
In the present case, the Court considers that the applicant must be ordered to bear all 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 pay its own costs, the costs of the defendant and of the intervener.
Luxembourg, 17 July 2012.