ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER
OF THE GENERAL COURT
27 March 2013 (1)
(Removal from the register)
In Case T-194/12,
Advance Magazine Publishers, Inc., established in New York (United States), represented by R. Hacon, Barrister,
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
Bauer Consumer Media Ltd, established in Peterborough (United Kingdom),
Action brought against the decision of the First Board of Appeal of OHIM of
9 February 2012 (Case R 239/2011-1), relating to opposition proceedings between Advance Magazine Publishers, Inc. and Bauer Consumer Media Ltd,
1 By letter lodged at the Registry of the General Court on 28 February 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 General Court on 7 March 2013, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested that the applicant should 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 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 SIXTH CHAMBER
OF THE GENERAL COURT
hereby orders:
1. Case T-194/12 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those incurred by the defendant.
Luxembourg, 27 March 2013.