ORDER OF THE GENERAL COURT (Third Chamber)
25 January 2024 (*)
(EU trade mark – Opposition proceedings – Withdrawal of the opposition – No need to adjudicate)
In Case T-439/23,
Marcandita, SL, established in Madrid (Spain), represented by J. L. Gracia Albero and E. Cebollero González , lawyers,
applicant,
v
European Union Intellectual Property Office (EUIPO), represented by M. Eberl, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of EUIPO being
Euronext NV, established in Amsterdam (Netherlands),
THE GENERAL COURT (Third Chamber),
composed of F. Schalin (Rapporteur), President, P. Škvařilová-Pelzl and D. Kukovec, Judges,
Registrar: V. Di Bucci,
having regard to the written part of the procedure,
makes the following
Order
1 By its action under Article 263 TFEU, the applicant, Marcandita, SL, seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 April 2023 (Case R 2111/2022-4).
2 By letter lodged at the Court Registry on 7 December 2023, the defendant informed the Court that the other party to the proceedings before the Board of Appeal of EUIPO had withdrawn its opposition to the application for registration of the contested mark and stated that, in its view, there was no longer any need to adjudicate on the present action. The defendant requested the Court not to order it to pay the costs.
3 The applicant did not lodge any observations on the application for a decision that there is no need to adjudicate on the action.
4 Pursuant to Article 130 of the Rules of Procedure of the General Court, it is sufficient 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 of 3 July 2003, Lichtwer Pharma v OHIM – Biofarma (Sedonium), T‑10/01, EU:T:2003:182, paragraphs 16 to 18).
5 Article 137 of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs are to be in the discretion of the Court.
6 In the circumstances of the present case, the Court considers that the applicant and the defendant must be ordered to bear their own costs.
On those grounds,
THE GENERAL COURT (Third Chamber)
hereby orders:
1. There is no longer any need to adjudicate on the action.
2. Each party shall bear its own costs.
Luxembourg, 25 January 2024.