ORDER OF THE GENERAL COURT (Third Chamber)
Date 6 June 2024 (*)
(EU trade mark – Opposition proceedings – Withdrawal of the opposition – No need to adjudicate)
In Case T-25/24,
Devo, Inc., established in Cambridge, Massachusetts (United States), represented by P. Fenech and S. Galea, lawyers,
applicant,
v
European Union Intellectual Property Office (EUIPO), represented by E. Markakis, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of EUIPO being
Capgemini España, SL, established in Madrid (Spain),
THE GENERAL COURT (Third Chamber),
composed of F. Schalin President, P. Škvařilová-Pelzl (Rapporteur) and G. Steinfatt, 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 seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 20 October 2023 (Case R 337/2023-2).
2 By letter lodged at the Court Registry on 10 April 2024, the applicant informed the Court that the other party to the proceedings before the Board of Appeal of EUIPO had withdrawn its opposition to the application for registration of the contested mark and stated that, in its view, there was no longer any need to adjudicate on the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. It did not seek an order as to costs.
3 By letter lodged at the Court Registry on 6 May 2024, the defendant signified its agreement to the application for a declaration that there was no need to adjudicate. The defendant claims no costs and requests the Court to order the applicant to bear its own costs.
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 each party must be ordered to bear its 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, 6 June 2024.