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

ORDER OF THE GENERAL COURT (Sixth Chamber)

2 August 2022 (*)

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

In Case T-592/21,

Kakuzo GmbH, established in Berlin (Germany), represented by O. Spieker, A. Schönfleisch and D. Mienert, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by I. Harrington and D. Gája, acting as Agents,

defendant,

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

Rauch Fruchtsäfte GmbH, established in Rankweil (Austria),

THE GENERAL COURT (Sixth Chamber),

composed of A. Marcoulli, President, S. Frimodt Nielsen and R. Norkus (Rapporteur), Judges,

Registrar: E. Coulon,

makes the following

Order

1        By its action, the applicant, Kakuzo GmbH, seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 July 2021 (Case R 356/2021-5).

2        By letter lodged at the Court Registry on 4 July 2022, the applicant informed the Court of an agreement between the applicant itself and the other party to the proceedings before the Board of Appeal and that, pursuant to that agreement, the other party to the proceedings before the Board of Appeal was withdrawing its opposition to the application for registration of the contested mark. It did not seek an order as to costs.

3        By letter lodged at the Court Registry on 11 July 2022, the defendant raised no objection to the case being declared devoid of purpose. The defendant requests the Court not to order it to pay the costs.

4        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 the action (order of 3 July 2003, Lichtwer Pharma v OHIM — Biofarma (Sedonium), T‑10/01, EU:T:2003:182, paragraphs 16 to 18).

5        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.

6        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 (Sixth Chamber)

hereby orders:

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

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

Luxembourg, 2 August 2022.

* Language of the case: English.

© European Union
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