ORDER OF THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
24 August 2010 (1)
(Removal from the register)
In Case T-272/09,
Pineapple Trademarks Pty Ltd, established in Burleigh Heads (Australia), represented by N. Saunders, Barrister,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Markts and Designs) (OHIM), represented by B. Schmidt, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
Angel Custodio Dalmau Salmons, residing in Barcelona (Spain),
Action brought against the decision of the First Board of Appeal of the OHIM of 5 March 2009 (R 383/2008-1), relating to opposition proceedings between Mr Angel Custodio Dalmau Salmons and Pineapple Trademarks Pty Ltd.
1 By letter lodged at the Registry of the General Court on 1 July 2010, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It sought no order as to costs.
2 By letter lodged at the Registry of the Court on 22 July 2010, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested that the applicant should bear the costs. The other party to the proceedings before the Board of Appeal of OHIM did not submit any observations.
3 The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance. In the present case, the defendant requested that the applicant should bear the costs.
4 The case will therefore be removed from the register and the applicant ordered to pay the costs and those of the defendant.
On those grounds,
THE PRESIDENT OF THE SECOND CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-272/09 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those incurred by the defendant.
Luxembourg, 24 August 2010.