ORDER OF THE PRESIDENT OF THE SECOND CHAMBER
OF THE GENERAL COURT
7 January 2014 (1)
(Removal from the register)
In Case T-390/12,
Lifted Research Group, Inc., established in Irvine (United States) and
LRG Europe Ltd, established in Hertfordshire (United Kingdom), represented by M. Edenborough, QC,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Folliard-Monguiral, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
Fei Liangchen, established in Zhejiang (China),
ACTION brought against the decision of the Second Board of Appeal of OHIM of 13 June 2012 (Case R 1199/2010-2), relating to opposition proceedings between Lifted Research Group, Inc. and LRG Europe Ltd and Fei Liangchen.
1 By letter lodged at the Registry of the General Court on 26 November 2013, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue the proceedings. It sought no order as to costs.
2 By letter lodged at the Registry of the General Court on 2 December 2013, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that the applicant should 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 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 SECOND CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-390/12 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those incurred by the defendant.
Luxembourg, 7 January 2014.
E. Coulon | | M. E. Martins Ribeiro |