Order of the General Court of 14 October 2013 – Vicente Gandia Pla, SA v OHIM – Tesco Stores (MARQUES DE CHIVÉ)

(Case T-128/13)¹

(Community trade mark – Opposition – Surrender of national trade mark – Action which becomes devoid of purpose in the course of proceedings – No need to adjudicate)

Language of the case: English

Parties

Applicant: Vicente Gandia Pla, SA (Chiva, Spain) (represented by: I. Temiño Ceniceros, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Tesco Stores Ltd (Cheshunt, United Kingdom)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 13 December 2012 (Case R 854/2012/1) relating to opposition proceedings between Tesco Stores Ltd and Vicente Gandia Pla, SA.

Operative part of the order

1.    There is no longer any need to adjudicate on the action.

2.    Each party is to bear its own costs.

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¹     OJ C 123, 27.4.2013.