Language of document :

Order of the Court of First Instance of 18 February 2008 - Earth Products v OHIM - Meynard Designs (EARTH)

(Case T-389/07) 1

(Community trade mark - Refusal of registration - Withdrawal of the application for registration - No need to adjudicate)

Language of the case: English

Parties

Applicant: Earth Products Inc. (Carlsbad, United States) (represented by: M. Graf, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Meynard Designs Inc. (Waltham, United States) (represented by: E. Cornu and E. De Gryse, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 9 August 2007 (Case R 1590/2006-2) relating to opposition proceedings between Meynard Designs Inc. and Earth Products Inc.

Operative part of the order

1.    There is no need to adjudicate on the action.

2.    Each party is ordered to bear its own costs.

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1 - OJ C 297, 8.12.2007.