ORDER OF THE GENERAL COURT (Fifth Chamber)

16 April 2015 (1)

(Community trade mark – Opposition proceedings – Withdrawal of the opposition – No need to adjudicate)

In Case T-246/14,

Yoworld SA, established in Luxembourg (Luxembourg), represented by A. Tornato and D. Hazan, lawyers,

applicant,

v

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

defendant,

the other party to the proceedings before the Board of Appeal of OHIM being

Société des produits Nestlé SA, established in Vevey (Switzerland),

ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 December 2013 (Case R 115/2013-2), relating to opposition proceedings between Société des produits Nestlé SA and Yoworld SA,

THE GENERAL COURT (Fifth Chamber),

composed of A. Dittrich, President, J. Schwarcz, V. Tomljenović (Rapporteur), Judges,

Registrar: E. Coulon,

makes the following

Order

1        By letter lodged at the Registry of the Court on 25 March 2015, the defendant informed the Court of an agreement between the applicant and the other party to the proceedings before the Board of Appeal and that, pursuant to that agreement, the other party to the proceedings before the Board of Appeal has withdrawn its opposition to the application for registration of the contested mark. The defendant also stated that, in its view, there was no longer any need to adjudicate on the present action. The defendant requested the Court not to order it to pay the costs.

2        By letter lodged at the Registry of the Court on 1 April 2015, the applicant confirmed the existence of an agreement between itself and the other party to the proceedings before the Board of Appeal and informed the Court that, consequently, the action had become devoid of purpose and that there was no need to adjudicate on it, except on costs. Indeed, according to that agreement, the applicant and the other party to the proceedings before the Board of Appeal shall bear their own costs and shall each pay half of the defendant’s costs.

3        By letter lodged at the Registry of the Court on 8 April 2015, the other party to the proceedings before the Board of Appeal also informed the Court that the action had become devoid of purpose and that there was no need to adjudicate on it and confirmed that the applicant and the other party to the proceedings before the Board of Appeal have agreed that each of them shall bear its own costs and half of the defendant’s costs.

4        Pursuant to Article 113 of the Rules of Procedure of the Court, it suffices in the present case to find that, in the light of the withdrawal of the opposition, the present action has become devoid of purpose. There is therefore no longer any need to adjudicate on the action (order of 3 July 2003, Lichtwer Pharma v OHIM – Biofarma (Sedonium), T‑10/01, ECR, EU:T:2003:182, paragraphs 16 to 18).

5        Article 87(6) of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs are in the discretion of the Court.

6        In the present case, the Court considers that the applicant and the other party to the proceedings before the Board of Appeal must be ordered to bear their own costs and to pay those incurred by the defendant.

On those grounds,

THE GENERAL COURT (Fifth Chamber)

hereby orders:

1.      There is no need to adjudicate on the action.

2.      The applicant and the other party to the proceedings before the Board of Appeal shall bear their own costs and shall each pay half of those incurred by the defendant.

Luxembourg, 16 April 2015.

E. Coulon

        A. Dittrich

Registrar

       President