ORDER OF THE PRESIDENT
OF THE EIGTH CHAMBER OF THE GENERAL COURT

14 October 2015 (*)

(Removal from the register)

In Case T-748/14,

Montenegro Srl, established in Zola Predosa (Italy), represented by F. Jacobacci, lawyer,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Mark and Designs) (OHIM), represented by V. Melgar and P. Kunz Holger, acting as Agents,

defendant,

ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 August 2014 (Case R 20/2014-2), relating to International Registration No 1 162 963 designating the European Union in respect of the tri-dimensional mark representing a shape of a bottle.

1        By letter lodged at the Court Registry on 23 September 2015, the applicant informed the Court in accordance with Article 125 of the Rules of Procedure of the General Court that it wished to discontinue the proceedings. It sought no order as to costs.

2        By letter lodged at the Court Registry on 28 September 2015, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that, pursuant to Article 136(1) of the Rules of Procedure, the applicant should be ordered to bear the costs.

3        Article 136(1) and (2) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance. However, at the request of the party who discontinues or withdraws from proceedings, the costs are to be borne by the other party if this appears justified by the conduct of that party.

4        In the present case, the information in the case-file does not show conduct on the part of the defendant such as to justify ordering the latter to pay the costs.

5        The case shall therefore be removed from the register and the applicant ordered to pay the costs.

On those grounds,

THE PRESIDENT OF THE EIGHT CHAMBER OF THE GENERAL COURT

hereby orders:

1)      Case T-748/14 is removed from the register of the General Court.

2)      Montenegro Srl shall pay the costs.

Luxembourg, 14 October 2015.

E. Coulon

        D. Gratsias

Registrar

       President