ORDER OF THE PRESIDENT OF THE THIRD CHAMBER

OF THE GENERAL COURT

16 September 2013 (1)

(Removal from the register)

In Case T-222/12,

National Trust of Scotland, established in Edinburgh (United Kingdom), represented by J. S. MacKenzie, Solicitor,

applicant,

v

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

defendant,

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

Comhairle nan Eilean Siar, established in the Isle of Lewis (United Kingdom), represented by C. Arendt, lawyer,

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 26 March 2012 (Case R 310/2011‑4), relating to opposition proceedings between the National Trust for Scotland and Comhairle nan Eilean Siar.

1        By letter lodged at the Registry of the General Court on 2 September 2013, 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 6 September 2013, 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.

3        By letter lodged at the Registry of the Court on 5 September 2013, the intervener informed the Court that it does not object to the discontinuance of the proceedings. It sought no order as to 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, the applicant ordered to bear its own costs and those of the defendant, and the intervener be ordered to bear its own costs.

On those grounds,

THE PRESIDENT OF THE THIRD CHAMBER
OF THE GENERAL COURT

hereby orders:

1.      Case T-222/12 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, 16 September 2013.

E. Coulon

        O. Czúcz

Registrar

       President