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

7 October 2010(1)

(Removal from the register)

In Case T-140/10,

Hans Günter Söns, residing in Wehr (Germany), represented by M. Schwabe, lawyer,

applicant,

v

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

defendant,

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

Alfredo Settimio, residing in Los Angeles (United States), represented by C. Osterrieth, T. H. Schmitz and A. Doepner, lawyers,

ACTION brought against the decision of the First Board of Appeal of OHIM of 26 January 2010 (Case R 281/2009-1), relating to cancellation proceedings between Hans Günter Söns and Alfredo Settimio.

1        By letter lodged at the Registry of the General Court on 12 August 2010, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It sought no order as to costs.

2        By letter lodged at the Registry of the Court on 30 August 2010, the intervener informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested that the applicant be ordered to bear the costs.

3        By letter lodged at the Registry of the Court on 31 August 2010, the defendant informed the Court that it had no observations to make concerning 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 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.

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

On those grounds,

THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-140/10 is removed from the register of the General Court.

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

Luxembourg, 7 October 2010.

E. Coulon

        S. Papasavvas

Registrar

       President