ORDER OF THE PRESIDENT OF THE NINTH CHAMBER OF THE GENERAL COURT

17 July 2014 (1)

(Removal from the register)

In Case T-648/11,

Smart Technologies ULC, established in Calgary (Canada), represented by M. Edenborough QC, T. Elias, Barrister and R. Harrison, Solicitor,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs), represented initially by K. Klüpfel and subsequently by P. Bullock, acting as Agents,

defendant,

ACTION brought against the decision of the First Board of Appeal of OHIM of 29 September 2011 in Case R 942/2011-1 concerning the application for registration of the word mark SMART NOTEBOOK as a Community trade mark,

1        By letter lodged at the Registry of the General Court on 28 May 2014, 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 Court on 20 June 2014, the defendant informed the Court that it had no objections as to the discontinuance of the proceedings and requested that the applicant be ordered to bear the costs.

3        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.

4        The case will therefore be removed from the register and the applicant be ordered to pay the costs.

On those grounds,

THE PRESIDENT OF THE NINTH CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-648/11 is removed from the register of the General Court.

2.      The applicant shall bear the costs.

Luxembourg, 17 July 2014.

E. Coulon

       G. Berardis

Registrar

      President