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

12 November 2009 (1)

(Removal from the register)

In Case T-263/09,

Mannatech, Inc., established in Coppell (United States), represented by R. Niebel and C. Steuer, lawyers,

applicant,

v

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

defendant,

Action brought against the decision of the First Board of Appeal of OHIM of 26 March 2009 (Case R 100/2009-1) concerning an application for registration of the word mark BOUNCEBACK as a Community trade mark,

1        By letter lodged at the Registry of the Court of First Instance on 20 October 2009, the applicant informed the Court that it wished to discontinue proceedings. It sought no order as to costs.

2        By letter lodged at the Registry of the Court on 3 November 2009, the defendant informed the Court that it had no objections to raise concerning the discontinuance of the proceedings and requested that the Court order the applicant to bear the costs.

3        The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues or withdraws 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.

4        The case will therefore be removed from the register and the applicant ordered to pay the costs.

On those grounds,

THE PRESIDENT OF THE FIFTH CHAMBER OF THE COURT OF FIRST INSTANCE

hereby orders:

1.      Case T-263/09 is removed from the register of the Court of First Instance.

2.      The applicant shall bear the costs.

Luxembourg, 12 November 2009.

E. Coulon

       M. Vilaras

Registrar

      President