ORDER OF THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT

29 June 2010(1)

(Removal from the register)

In Case T-115/08,

Gourmet Burger Kitchen Ltd, established in London (United Kingdom), represented initially by C. Sawdy, Solicitor, and subsequently by A. Poulter and L. Cassidy Solicitors,

applicant,

v

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

defendant,

Action brought against the decision of the Second Board of Appeal of OHIM of
5 December 2007 (Case R 1215/2007-2) relating to an application for registration of the sign GOURMET BURGER KITCHEN as a Community trade mark.

1        By letter lodged at the Registry of the General Court on 16 April 2010, the applicant informed the Court, in accordance with Article 99 of the Rules of Procedure of the Court, that it wished to discontinue proceedings and that the question of costs had been the subject of an agreement between the parties, according to which each party will bear its own costs. On 7 June 2010 the original of the application for discontinuance was received at the Registry of the Court. In accordance with Article 43(6) of the Rules of Procedure the lodging date of the telefax is not taken into account as the original was lodged more than ten days thereafter.

2        By letter lodged at the Registry of the Court on 23 April 2010, the defendant informed the Court that it had no observations on the withdrawal of the application. It did not confirm that the question of costs had been the subject of an agreement between the parties, but did not apply for costs.

3        Where proceedings are discontinued, the third subparagraph of Article 87(5) of the Rules of Procedure provides that, if costs are not applied for, the parties shall bear their own costs.

4        The case will therefore be removed from the register and each party shall bear its own costs.

On those grounds,

THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-115/08 is removed from the register of the General Court.

2.      Each party shall bear its own costs.

Luxembourg, 29 June 2010.

E. Coulon

       M. Vilaras

Registrar

      President