ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
2 June 2014(1)
(Removal from the register)
In Case T-651/13,
Time Inc., established in New York (United States), represented by D. Cañadas Arcas, lawyer,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by S. Palmero Cabezas, acting as Agent,
defendant,
ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 September 2013 (Case R 827/2013-2), relating to the partial refusal of Community trade mark application No 11 264 223 for goods and services in Classes 9, 16 and 41.
1 By letter lodged at the Registry of the General Court on 2 May 2014, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings and that each party should bear their own costs.
2 By letter lodged at the Registry of the General Court on 13 May 2014, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested that it should not be ordered to bear the costs.
3 According to the first subparagraph of Article 87(5) of the Rules of Procedure, a party who discontinues is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance.
4 By its application that it should not be ordered to bear the costs the defendant essentially submitted that the applicant should be ordered to bear the costs (order of 27 April 2006 in Case T-377/03 ATI Technologies v OHIM – Asociación de Técnicos de Informatica (ATI), not published in the ECR, paragraph 6).
5 The case should therefore be removed from the register and the applicant ordered to bear its own costs and those of the defendant.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-651/13 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those incurred by the defendant.
Luxembourg, 2 June 2014.