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

ORDER OF THE GENERAL COURT (Fifth Chamber)

25 August 2020 (*)

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

In Case T-735/19,

Frank Recruitment Group Services Ltd, established in Newcastle upon Tyne (United Kingdom), represented by J. Dennis, Solicitor,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Gája, acting as Agent,

defendant,

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

Pearson Plc, established in London (United Kingdom),

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 26 August 2019 (Case R 1884/2018-4), relating to opposition proceedings between Pearson Plc and Frank Recruitment Group Services Ltd,

THE GENERAL COURT (Fifth Chamber),

composed of D. Spielmann, President, U. Öberg and R. Mastroianni (Rapporteur), Judges,

Registrar: E. Coulon, makes

the following

Order

1        By letter lodged at the Court Registry on 16 June 2020, the defendant informed the Court that, by letter of 25 May 2020, the applicant had withdrawn its application for registration of the contested mark as a consequence of an agreement between the parties. It stated that the action before the General Court should be declared devoid of purpose. It did not seek an order as to costs.

2        By letter lodged at the Court Registry on 8 July 2020, the applicant stated that it had reached an amicable agreement with the defendant. It also informed the Court that, under that agreement, each party was to bear its own 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 application for registration, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on the action (order of 6 March 2001, Gödecke v OHIM — Teva Pharmaceutical (ACAMOL), T‑187/00, EU:T:2001:76, paragraph 12).

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 and the defendant must be ordered to bear their own costs.

On those grounds,

THE GENERAL COURT (Fifth Chamber)

hereby orders:

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

2.      Frank Recruitment Group Services Ltd and the European Union Intellectual Property Office (EUIPO) shall bear their own costs.

Luxembourg, 25 August 2020.

* Language of the case: English.

© European Union
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