ORDER OF THE GENERAL COURT (Eighth Chamber)

23 November 2012 (1)

(Community trade mark – Invalidity – Withdrawal of the invalidity action – No need to adjudicate)

In Case T-302/10,

Crocs, Inc., established in Niwot (United States), represented by I. R. Craig, Solicitor,

applicant,

v

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

defendant,

the other parties to the proceedings before the Board of Appeal of OHIM being

Holey Soles Holdings Ltd, established in Vancouver (Canada)
Partenaire Hospitalier International, established in La Haie Foissière (France),

ACTION brought against the decision of the Third Board of Appeal of OHIM of 26 March 2010 (Case R 9/2008-3), relating to invalidity proceedings between Holey Shoes Holdings Ltd and Partenaire Hospitalier International and Crocs, Inc.

THE GENERAL COURT (Eighth Chamber),

composed of L. Truchot, President (Rapporteur), M. E. Martins Ribeiro, A. Popescu, Judges,

Registrar: E. Coulon,

makes the following

Order

1        By letter lodged at the Registry of the General Court on 17 October 2012, the applicant informed the Court that the invalidity action has been withdrawn, and stated that, in its view, there was no longer any need to adjudicate on the present action. It did not seek an order as to costs.

2        By letter lodged at the Registry of the General Court on 5 November 2012, the defendant informed the Court that it had no objection to the case being declared devoid of purpose. The defendant requests the Court not to order it to pay the costs.

3        Pursuant to Article 113 of the Rules of Procedure of the General Court, it suffices in the present case to find that, in the light of the withdrawal of the invalidity action, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on the action (order in Case T‑10/01 Lichtwer Pharma v OHIM – Biofarma (Sedonium) [2003] ECR II‑2225, paragraphs 16 to 18).

4        Article 87(6) of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs are in the discretion of the Court.

5        In 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 (Eighth Chamber)

hereby orders:

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

2.      The applicant shall bear its own costs and those incurred by the defendant.

Luxembourg, 23 November 2012 .

E. Coulon

        L. Truchot

Registrar

       President