ORDER OF THE GENERAL COURT (Seventh Chamber)
26 November 2013 (1)
(Community trade mark – Opposition – Withdrawal of the opposition – No need to adjudicate)
In Case T-38/12,
Pips BV, established in Amsterdam (Netherlands), represented by J. van den Berg, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by P. Geroulakos, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
s.Oliver Bernd Freier GmbH & Co. KG, established in Rottendorf (Germany), represented by S. Körber and D. Kämper, lawyers,
ACTION brought against the decision of the First Board of Appeal of OHIM of 20 October 2011 (Case R 2420/2010-1), relating to opposition proceedings between s.Oliver Bernd Freier GmbH & Co. KG and PIPS BV,
THE GENERAL COURT (Seventh Chamber),
composed, at the time of deliberation, of A. Dittrich, President,
I. Wiszniewska-Białecka (Rapporteur) and M. Prek, Judges,
Registrar: E. Coulon,
makes the following
Order
1 By letter lodged at the Registry of the General Court on 11 October 2013, the intervener informed the Court of an agreement between itself and the applicant and declared the withdrawal of its opposition to the application for registration of the contested mark. It sought no order as to costs.
2 By letter lodged at the Registry of the General Court on 29 October 2013, the defendant confirmed that it raises no objection to the case being declared devoid of purpose and requested that it should not be ordered to bear the costs.
3 By letter lodged at the Registry of the General Court on 13 November 2013, the applicant confirmed that the proceedings before the General Court have become without object and that there is no need to adjudicate. It sought no order as to costs.
4 Pursuant to Article 113 of the Rules of Procedure of the Court, it suffices 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 the action (order in Case T‑10/01 Lichtwer Pharma v OHIM – Biofarma (Sedonium) [2003] ECR II‑2225, paragraphs 16 to 18).
5 Article 87(6) of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs are in the discretion of the Court.
6 In the present case, the Court considers that the applicant must be ordered to bear its own costs and to pay those incurred by the defendant and that the intervener must be ordered to bear its own costs.
On those grounds,
THE GENERAL COURT (Seventh Chamber)
hereby orders:
1. There is no need to adjudicate on the action.
2. The applicant shall bear its own costs and those incurred by the defendant. The intervener shall bear its own costs.
Luxembourg, 26 November 2013.
E. Coulon | | A. Dittrich
Registrar President |