ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER OF THE COURT OF FIRST INSTANCE
2 July 2009 (1)
(Removal from the register)
In Case T-487/07,
Imperial Chemical Industries plc, established in London (United Kingdom), represented by S. Malynicz, Barrister,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by D. Botis, acting as Agent,
defendant,
Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 October 2007 (Case R 668/2007-4) refusing registration of the word mark FACTORY FINISH as a Community trade mark.
1 By letter lodged at the Registry of the Court of First Instance on 1 June 2009, 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.
2 By letter lodged at the Registry of the Court on 15 June 2009, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings. It 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 requested that the applicant be ordered to bear the costs.
4 The case will therefore be removed from the register and the applicant ordered to pay the costs, including those relating to the application under Article 114 of the Rules of Procedure of the Court of the First Instance dealt with in the order of the Court of First Instance in Case T-487/07 Imperial Chemical Industries v OHIM (FACTORY FINISH) ECR [2008] II-0000.
On those grounds,
THE PRESIDENT OF THE FIFTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-487/07 is removed from the register of the Court of First Instance.
2. The applicant shall bear its own costs, as well as those incurred by the defendant, including those relating to the application under Article 114 of the Rules of Procedure of the Court of the First Instance dealt with in the order of the Court of First Instance in Case T-487/07 Imperial Chemical Industries v OHIM (FACTORY FINISH) ECR [2008] II-0000.
Luxembourg, 2 July 2009.