ORDER OF THE COURT OF FIRST INSTANCE (Fifth Chamber)
26 June 2006(*)
(Removal from the Register)
In Case T-436/05,
Ajinomoto Co., Inc., established in Tokyo (Japan), represented by G. Würtenberger and R. Kunze, 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, intervening before the Court of First Instance, being
Kaminomoto Co., Ltd, established in Hyogo-ken (Japan), represented by S. Möbus and T. Koerl, lawyers,
ACTION brought against the decision of the First Board of Appeal of OHIM of 15 September 2005 (Case R 1143/2004-1) concerning an opposition procedure between Ajinomoto Co., Inc. and Kaminomoto Co., Ltd,
THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES (Fifth Chamber),
composed of: M. Vilaras, President, M. E. Martins Ribeiro and K. Jürimäe, Judges
Registrar: E. Coulon,
makes the following
Order
1 By letter received at the Registry of the Court of First Instance on 28 April 2006, the applicant informed the Court of First Instance, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, that it wishes to discontinue the proceedings. The applicant made no application in relations to costs.
2 By letter received at the Registry of the Court of First Instance on 18 May 2006, the defendant indicated to the Court that it had no objections to the discontinuance. With regard to the costs, the defendant requested the application of the Article 87(5) of the Rules of Procedure without specifying the subparagraph in question and without applying for the applicant to be ordered to pay the costs.
3 By letter received at the Registry of the Court of First Instance on 23 May 2006, the intervener indicated to the Court that it had no objection to the discontinuance and requested that the costs of the proceedings be borne by the applicant in accordance with Article 87(5), first subparagraph, of the Rules of Procedure.
4 Article 87(5), first subparagraph, of the Rules of Procedure, provides that the party who discontinues or withdraws from proceedings be ordered to bear the costs, if they have been applied for in the observations of the other party on the discontinuance.
5 Article 87(5), third subparagraph, of the Rules of Procedure, provides that where discontinuance has been applied for and there is no application in relation to costs, the parties shall bear their own costs.
6 In the present case, the defendant has, contrary to the intervener, not applied for the applicant to bear the costs in a clear and unambiguous way.
7 It is, therefore, appropriate to remove the case from the register and to order that the applicant bears its own costs and the costs incurred by the intervener, and that the defendant bears its own costs.
On those grounds,
THE COURT OF FIRST INSTANCE (Fifth Chamber)
hereby orders:
1. Case T-436/05 is removed from the register of the Court of First Instance.
2. The applicant shall bear its own costs and the costs incurred by the intervener. The defendant shall bear its own costs.
Luxembourg, 26 June 2006.