ORDER OF THE GENERAL COURT (Sixth Chamber)

30 August 2016 (1)

(European Union trade mark — Withdrawal of the application for registration — No need to adjudicate)

In Case T-511/15,

Fontem Holdings 4 BV, established in Amsterdam (Netherlands), represented initially by A. Poulter, Solicitor and subsequently by A. Dykes and D. Stone, Solicitors,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by H. O’Neill, acting as Agent,

defendant,

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 29 June 2015 (Case R 2697/2014-4), concerning an application for registration,

THE GENERAL COURT (Sixth Chamber),

composed of S. Frimodt Nielsen (Rapporteur), President, A. M. Collins, V. Valančius, Judges,

Registrar: E. Coulon,

makes the following

Order

1        By letter lodged at the Court Registry on 15 July 2016, the defendant informed the Court that the applicant had withdrawn its application for registration of the contested mark and stated that, in its view, there was no longer any need to adjudicate on the present action. The defendant requested that the applicant be ordered to bear the costs.

2        By letter lodged at the Court Registry on 15 July 2016, the applicant requested that the Court not deliver judgment on 19 July 2016 in view of the fact that the European Union trade mark application had been withdrawn.

3        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 application for registration, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on it (order of 3 July 2003 in Lichtwer Pharma v OHIM — Biofarma (Sedonium), T‑10/01, EU:T:2003:182, paragraphs 16 to 18).

4        Article 137 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 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.      Fontem Holdings 4 BV shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).

Luxembourg, 30 August 2016.

E. Coulon

       S. Frimodt Nielsen

Registrar

       President