Language of document :

Order of the Court of First Instance of 10 June 2009 - Procter & Gamble v OHIM - Bayer (LIVENSA)

(Case T-159/08) 1

(Community trade mark - Opposition - Withdrawal of the opposition - No need to adjudicate)

Language of the case: English

Parties

Applicant: The Procter & Gamble Company (Cincinnati, United States) (represented by: K. Sandberg, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Bayer AG (Leverkusen, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 February 2008 (Case R 960/2007-2) relating to opposition proceedings between Bayer AG and The Procter & Gamble Company.

Operative part of the order

1.    There is no longer any need to adjudicate in the action.

2.    The applicant shall bear its own costs and shall pay those incurred by OHIM.

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1 - OJ C 171, 5.7.2008.