ORDER OF THE PRESIDENT OF THE SECOND CHAMBER
OF THE GENERAL COURT

2 December 2011 (1)

(Removal from the register)

In Case T-342/09,

C. R. Bard, Inc., established in Murray Hill, New Jersey (United States), represented by A. Bryson, Barrister, A. Hobson, O. Bray and G. Warren, Solicitors,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by S. Hanne, acting as Agent,

defendant,

the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being

B. Braun Melsungen AG, established in Melsungen (Germany), represented by E. Vorbuchner, lawyer,

ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 4 June 2009 (Case R 1577/2007-5), relating to opposition proceedings between B. Braun Melsungen AG and C. R. Bard, Inc.,

1        By letter lodged at the Registry of the General Court on 4 November 2011, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings.

2        By letter lodged at the Registry of the Court on 22 November 2011, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested pursuant to Article 87(5) of the Rules of Procedure that the applicant be ordered to bear the costs.

3        By letter lodged at the Registry of the Court on 22 November 2011, the intervener informed the Court that it did not object to the discontinuance of the proceedings and requested that the applicant be ordered to bear the costs.

4        The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance. In the present case, the defendant and the intervener requested that the costs of the proceedings be borne by the applicant.

5        The case will therefore be removed from the register and the applicant be ordered to bear its own costs and those of the defendant and the intervener.

On those grounds,

THE PRESIDENT OF THE SECOND CHAMBER
OF THE GENERAL COURT

hereby orders:

1.      Case T-342/09 is removed from the register of the General Court.

2.      The applicant shall bear its own costs and those of the defendant and the intervener.

Luxembourg, 1 December 2011.

E. Coulon

       N. J. Forwood

Registrar

      President