ORDER OF THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT
11 March 2015 (1)
(Removal from the register)
In Case T-594/13,
Sanctuary Brands LLC, established in New Canaan (United States), represented by B. Brandreth, Barrister,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by P. Bullock and N. Bambara, acting as Agents,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
Richter International Ltd, established in Scarborough (Canada),
ACTION brought against the decision of the First Board of Appeal of OHIM of 7 August 2013 (Case R 1625/2012-1), relating to opposition proceedings between Sanctuary Brands LLC and Richter International Ltd.
1 By letter lodged at the Registry of the General Court on 30 January 2015, the applicant informed the Court that due to a compromise reached with the other party to the proceedings before the Board of Appeal of OHIM it wished to discontinue proceedings. It requested that the application be marked as withdrawn by the applicant, with no order as to costs.
2 By letter lodged at the Registry of the General Court on 23 February 2015, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested that it should not be ordered to bear the costs.
3 According to the first subparagraph of Article 87(5) of the Rules of Procedure, 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.
4 By its application that it should not be ordered to bear the costs the defendant essentially submitted that the applicant should be ordered to bear the costs (order of 27 April 2006, ATI Technologies v OHIM – Asociación de Técnicos de Informatica, T-377/03, EU:T:2006:115, paragraph 6).
5 The case should therefore be removed from the register and the applicant ordered to bear its own costs and those of the defendant.
On those grounds,
THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-594/13 is removed from the register of the General Court.
2. Sanctuary Brands LLC shall bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Luxembourg, 11 March 2015.