ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT

15 April 2010 (1)

(Removal from the register)

In Case T-26/10,

Alibaba Group Holding Limited, established in Grand Cayman (Cayman Islands), represented by M. Graf, lawyer,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM),

defendant,

The other party to the proceedings before the Board of Appeal of OHIM, being allpay.net.Limited, established in Whitestone (United Kingdom),

Action brought against the decision of the of the First Board of Appeal of OHIM of 5 November 2009 (Case R 1790/2008-1) relating to opposition proceedings between allpay.net.Limited and Alibaba Group Holding Limited.

1        By letter lodged at the Registry of the General Court on 1 April 2010, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure, that it wished to discontinue proceedings. It sought no order as to costs.

2        As the present order was adopted prior to service of the application on the defendant and the other party to the proceedings before the Board of Appeal and before they could have incurred costs, it is sufficient to decide that the applicant must bear its own costs pursuant to Article 87(1) of the Rules of Procedure.

3        The case will therefore be removed from the register and the applicant ordered to pay its own costs.

THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-26/10 is removed from the register of the General Court.

2.      The applicant shall pay its own costs.

Luxembourg, 15 April 2010.

E. Coulon

       I. Wiszniewska-Białecka

Registrar

      President