ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT OF FIRST INSTANCE
2 June 2008 (*)
(Removal from the register)
In Case T-171/07,
Avaya, Inc., established in Basking Ridge (United States), represented by A. Beschorner, B. Glaser and C. Thomas, lawyers,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) represented by A. Folliard-Monguiral, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
ZyXEL Communications Corp., established in Hsin-Chu (Taiwan),
ACTION brought against the decision of the Second board of Appeal of OHIM of 14 March 2007 (Case R 156/2006-2), relating to opposition proceedings between Avaya Inc. and ZyXEL Communications Corp.
1 By letter lodged at the Registry of the Court of First Instance on 15 April 2008, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure of the Court of First Instance that it wished to discontinue proceedings. It sought no order as to costs.
2 By letter lodged at the Registry of the Court of First Instance on 22 April 2008, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested 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 applied for the applicant to bear the costs.
4 The case will therefore be removed from the register and the applicant ordered to bear the costs.
On those grounds,
THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-171/07 is removed from the register of the Court of First Instance.
2. The applicant shall bear the costs.
Luxembourg, 2 June 2008.