ORDER OF THE PRESIDENT OF THE SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE

7 September 2009 (1)

(Removal from the register)

In Case T-429/08,

Grain Millers Inc., established in Eden Prairie (United States), represented L.‑E.Ström, lawyer,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by J.F. Crespo Carillo, acting as Agent,

defendant,

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

Grain Millers GmbH & Co. KG, established in Bremen (Germany), represented R. Böckenholt, lawyer,

intervener,

ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 1192/2007·2), relating to opposition proceedings between Grain Millers GmbH & Co. KG and Grain Millers Inc.

1        By letter lodged at the Registry of the Court of First Instance on 30 July 2009, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure of the Court of First Instance that it wished to discontinue proceedings.

2        By letter lodged at the Registry of the Court of First Instance on 26 August 2009, the defendant informed the Court that it had no objections to make concerning the discontinuance of the proceedings and requested that the costs be borne by the applicant.

3        By letter lodged at the Registry of the Court of First Instance on 24 August 2009, the intervener informed the Court that it had no objections to make concerning the discontinuance of the proceedings and requested that the costs be borne by the applicant.

4        The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance.

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

On those grounds,

THE PRESIDENT OF THE SEVENTH CHAMBER OF THE COURT OF FIRST INSTANCE

hereby orders:

1.      Case T-429/08 is removed from the register of the Court of First Instance.

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

Luxembourg, 7 September 2009.

E. Coulon

        N. J. Forwood

Registrar

       President