ORDER OF THE PRESIDENT
OF THE THIRD CHAMBER OF THE GENERAL COURT

15 January 2016 (*)

(Removal from the register)

In Case T-564/14,

Ahmed Mohamed Saleh Baeshen & Co., established in Jeddah (Saudi Arabia), represented by M. Vanhegan, Barrister,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Folliard-Monguiral, acting as Agent,

defendant,

supported by

Teavana Corp., represented by I. Fowler and K. Hughes, Solicitors,

intervener,

Action brought against the Decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 May 2014 (Case R 687/2014-2) concerning the applicant’s request to stay the conversion of the Community trade mark No. 4 098 588.

1        By letter lodged at the Court Registry on 15 December 2015, the applicant informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that it wished to discontinue proceedings and that the question of costs had been the subject of an agreement between the intervener and itself, according to which they will each bear their own costs.

2        By letter lodged at the Court Registry on 22 December 2015, the defendant informed the Court that it had no objections to the discontinuance of the proceedings and requested that the applicant should be ordered to bear the costs.

3        By letter lodged at the Court Registry on 24 December 2015, the intervener informed the Court that it agreed to the discontinuance of the proceedings, and confirmed that the applicant and itself agreed to bear their own costs.

4        Article 136(1) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance. Further, according to Article 136(3) of the Rules of Procedure, where the parties have come to an agreement on costs, the decision as to costs is to be in accordance with that agreement.

5        The case should therefore be removed from the register, the applicant ordered to bear its own costs and to pay those incurred by the defendant, and the intervener should bear its own costs.

On those grounds,

THE PRESIDENT OF THE THIRD CHAMBER OF THE GENERAL COURT

hereby orders:

1)      Case T-564/14 is removed from the register of the General Court.

2)      Ahmed Mohamed Saleh Baeshen & Co. shall bear its own costs and pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

3)      Teavana Corp. shall bear its own costs.

Luxembourg, 15 January 2016.

E. Coulon

        S. Papasavvas

Registrar

       President