ORDER OF THE GENERAL COURT (Fourth Chamber)
16 September 2013 (1)
(Community trade mark – Withdrawal of the application for registration – No need to adjudicate)
In Case T-153/12,
Microsoft Corp., established in Washington (United States), represented by
A. Carboni and J. Colbourn, Solicitors,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by G. Panayotis, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
Sky IP International Ltd, established in Isleworth (United Kingdom), represented by V. Baxter and D. Rose, Solicitors and P. Roberts, Barrister,
ACTION brought against the decision of the First Board of Appeal of OHIM of 19 January 2012 (Case R 2293/2010-1), relating to opposition proceedings between Sky IP International Ltd and Microsoft Corp.,
THE GENERAL COURT (Fourth Chamber),
composed of I. Pelikánová (rapporteur), President, K. Jürimäe and
M. van der Woude, Judges,
Registrar: E. Coulon,
makes the following
Order
1 By letter lodged at the Registry of the Court on 16 August 2013, the applicant informed the Court of an agreement between itself and the intervener and that, pursuant to that agreement, it has withdrawn its application for registration of the contested trade mark. It further informed the Court that, under that agreement, each party was to bear its own costs.
2 By letter lodged at the Registry of the Court on 5 September 2013, the defendant informed the Court that, it raised no objection to the case being declared devoid of purpose and requested that the applicant be ordered to bear the costs.
3 By letter lodged at the Registry of the Court on 30 August 2013, the intervener confirmed its application for a declaration that there is no need to adjudicate, as the Community trade mark application in question had been withdrawn.
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 application for registration, 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 and the intervener must be ordered to bear their own costs and to pay those incurred by the defendant.
On those grounds,
THE GENERAL COURT (Fourth Chamber)
hereby orders:
1. There is no need to adjudicate on the action.
2. The applicant and the intervener shall bear their own costs and shall each pay half of those incurred by the defendant.
Luxembourg, 16 September 2013.