Court of Justice of the European Communities (including Court of First Instance Decisions)

ORDER OF THE GENERAL COURT (Second Chamber)

19 March 2019 (*)

(European Union trade mark — Opposition proceedings — Withdrawal of the opposition — No need to adjudicate)

In Case T-503/18,

Haba Trading BV, established in Utrecht (Netherlands), represented by B. Schneiders and A. Brittner, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Gája and H. O’Neill, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being

Vida AB, established in Alvesta (Sweden),

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 12 June 2018 (Case R 190/2016-5), relating to opposition proceedings between Vida AB and Haba Trading BV,

THE GENERAL COURT (Second Chamber),

Composed of M. Prek, President, E. Buttigieg and B. Berke (Rapporteur), Judges,

Registrar: E. Coulon,

makes the following

Order

1        By letter lodged at the Court Registry on 25 January 2019, the applicant informed the Court that the other party to the proceedings before the board of Appeal of EUIPO, Vida AB, had withdrawn its opposition to the application for registration of the contested mark and stated that, in its view, there was no longer any need to adjudicate on the present action. With regard to costs, the applicant referred to the order of 9 February 2004, Synopharm v OHIM – Pentafarma (DERMASYN)
(T-120/03, ECLI:EU:T:2004:33).

2        By letter lodged at the Court Registry on 14 February 2019, the defendant informed the Court that the contested application’s list of goods has been limited and the opposition consequently has been withdrawn by the opponent. It notified the Court that it raised no objection to the application for a declaration that there was no need to adjudicate. The defendant did not seek an order as to costs.

3        Pursuant to Article 130 of the Rules of Procedure of the General Court, it is sufficient in the present case to find that, in the light of the withdrawal of the opposition, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on it (order of 3 July 2003 in Lichtwer Pharma v OHIM — Biofarma (Sedonium), (T‑10/01, EU:T:2003:182, paragraphs 16 to 18).

4        Article 137 of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs are to be in the discretion of the Court.

5        In the circumstances of the present case, the Court considers that the applicant must be ordered to bear its own costs and to pay those incurred by the defendant.

On those grounds,

THE GENERAL COURT (Second Chamber)

hereby orders:

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

2.      Haba Trading BV shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).

Luxembourg, 19 March 2019.

* Language of the case: English.

© European Union
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