ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER
OF THE GENERAL COURT

25 November 2013 (1)

(Removal from the register)

In Case T-217/12,

Shark AG, established in Innsbruck (Austria), represented by D. Campbell, Barrister and P. Strickland, Solicitor,

applicant,

v

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

defendant,

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

Monster Energy Company, established in Corona (United States), represented by P. Brownlow, Solicitor and G. Hobbs QC,

ACTION brought against the decision of the First Board of Appeal of OHIM of
1 March 2012 (R 360/2011-1) relating to cancellation proceedings between Shark AG and Monster Energy Company.

1        By letter lodged at the Registry of the General Court on 8 October 2013, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings and that the parties to the proceedings before the Board of Appeal of OHIM agreed that they would bear their own costs.

2        By letter lodged at the Registry of the General Court on 17 October 2013, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that the applicant be ordered to bear the costs.

3        The intervener did not submit observations.

4        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. Further, according to the second subparagraph of Article 87(5) of the Rules of Procedure, where the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement.

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 FOURTH CHAMBER
OF THE GENERAL COURT

hereby orders:

1.      Case T-217/12 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, 25 November 2013.

E. Coulon

        M. Prek

Registrar

       President