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

12 January 2011 (1)

(Removal from the register)

In Case T-198/10,

Maximuscle Ltd, established in Hertfordshire (United Kingdom), represented by M. N. P. Phillips, solicitor and M. F. G. Rudyard, barrister,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by M. A. Folliard-Monguiral, acting as Agent,

defendant,

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

Foreign Supplement Trademark Ltd, established in Oakville (Canada), represented by M. R. Gilbey, lawyer,

ACTION brought against the decision of the First Board of Appeal of OHIM of 26 January 2010 (Case R 1621/2008-1), relating to the invalidity proceedings between Maximuscle Ltd and Foreign Supplement Trademark Ltd.

1        By letter lodged at the Registry of the General Court on 17 November 2010, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings.

2        By letter lodged at the Registry of the Court on 2 December 2010, the defendant informed the Court that it had no objection concerning the discontinuance of the proceedings and requested that pursuant to Article 87(5) of the Rules of Procedure the applicant should be ordered to bear the costs. The intervener did not submit any observations within the prescribed time-limit.

3        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.

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

On those grounds,

THE PRESIDENT OF THE FIFTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-198/10 is removed from the register of the General Court.

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

3.      The intervener shall bear its own costs.

Luxembourg, 12 January 2011.

E. Coulon

        S. Papasavvas

Registrar