ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER
OF THE GENERAL COURT
2 October 2013 (1)
(Removal from the register)
In Case T-557/12,
RiskMetrics Solutions LLC, established in New York (United States), represented by I. De Freitas, Solicitor,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Poch, acting as Agent,
defendant,
ACTION brought against the decision of the Second Board of Appeal of OHIM of 27 September 2012 (Case R 2254/2011-2), relating to the Examiner’s decision refusing registration of the word mark RISKMANAGER,
1 By letter lodged at the Registry of the General Court on 27 August 2013, 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 5 September 2013, the defendant informed the Court that it had no observations on the discontinuance of the proceedings and requested pursuant to Article 87(5) of the Rules of Procedure that the applicant be ordered to bear the costs.
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 costs of the proceedings be borne by the applicant.
4 The case will therefore be removed from the register and the applicant be ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-557/12 is removed from the register of the General Court.
2. The applicant shall bear its own costs and the costs incurred by the defendant.
Luxembourg, 2 October 2013.