ORDER OF THE PRESIDENT OF THE EIGHTH CHAMBER OF THE GENERAL COURT

14 December 2009 (1)

(Removal from the register)

In Case T-208/09,

Mars, Inc., established in McLean (United States), represented initially by A. Bryson, Barrister, V. Marsland, Solicitor, and subsequently by V. von Bomhard, A. Renck, lawyers, and M. Hawkins, I. Fowler, Solicitors,

applicant,

v

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

defendant,

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

Marc Ltd, established in London (Great Britain), represented by J. Barry, Solicitor,

intervener,

Action brought against the decision of the Second Board of Appeal of OHIM of 5 March 2009 (Case R 1827/2007-2), relating to opposition proceedings between Mars, Inc. and Marc Ltd,

1        By letter lodged at the Registry of the General Court on 4 November 2009, 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 General Court on 9 November 2009, the defendant informed the Court that it had no objections 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 General Court on 26 November 2009, the intervener informed the Court it had no objections 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 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 EIGHTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-208/09 is removed from the register of the General Court.

2.      The applicant shall bear the costs.

Luxembourg, 14 December 2009.

E. Coulon

        M. E. Martins Ribeiro

Registrar

       President