ORDER OF THE COURT OF FIRST INSTANCE (Second Chamber)
14 November 2005 (*)
(Community trade mark – Partial refusal to register – Withdrawal of the application for registration – No need to adjudicate)
In Case T‑278/02,
Dyson Limited, established in Wiltshire (United Kingdom), represented by D. Barron, C. Jones and C. Loweth, Solicitors,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by G. Schneider, acting as Agent,
defendant,
ACTION brought against the decision of the First Board of Appeal of OHIM of 2 July 2002 (Case R 655/2001‑1) on registration of ‘a transparent bin or collection chamber forming part of the external surface of a vacuum cleaner’ as a Community trade mark,
THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES (Second Chamber)
composed of J. Pirrung, President, A.W.H. Meij and I. Pelikánová, Judges
Registrar: E. Coulon
makes the following
Order
1 By letter received at the Registry of the Court of First Instance on 1 March 2005, the applicant informed the Court that it had withdrawn its application for registration of a Community trade mark and stated that, in its view, there is no longer any need to rule on the present action. The applicant made no application in relation to costs.
2 By letter received at the Registry of the Court of First Instance on 2 March 2005, the defendant stated that it agreed that there is no need to rule on the action. The defendant made no application in relation to costs.
3 In accordance with Article 113 of the Rules of Procedure of the Court of First Instance, it is sufficient, in the present case, to rule that, in view of the withdrawal of the application for registration, the present action has become devoid of purpose. There is therefore no 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 at the discretion of the Court.
5 In the circumstances of the present case, the Court finds that each of the parties must be ordered to bear its own costs.
On those grounds,
THE COURT OF FIRST INSTANCE (Second Chamber)
hereby orders:
1. There is no need to adjudicate on the action.
2. Each party shall bear its own costs.
Luxembourg, 14 November 2005.