Orders nº T-594/19 of Tribunal General de la Unión Europea, April 27, 2020

Resolution DateApril 27, 2020
Issuing OrganizationTribunal General de la Unión Europea
Decision NumberT-594/19

(European Union trade mark - Opposition proceedings - Withdrawal of the opposition - No need to adjudicate)

In Case T-594/19,

Axactor SE, established in Oslo (Norway), represented by D. Stone, A. Dykes, A. Leonelli, Solicitors,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by A. Folliard-Monguiral, acting as Agent,

defendant,

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

Axa SA, established in Paris (France), represented by P. Martini-Berthon, lawyer,

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 28 June 2019 (Case R 479/2018-4), relating to opposition proceedings between Axa SA and Axactor SE,

THE GENERAL COURT (Second Chamber),

composed of V. Tomljenović, President, F. Schalin and P. Škvařilová-Pelzl (Rapporteur), Judges,

Registrar: E. Coulon,

makes the following

Order

1 By letter lodged at the Court Registry on 25 February 2020, the European Union Intellectual Property Office (EUIPO) informed the Court that the intervener had withdrawn its opposition to the application for registration of the contested mark and stated that, in its view, there was no longer any need to adjudicate on the present action. EUIPO requested the Court not to order it to pay the costs. In the annex to this letter, EUIPO has attached the acknowledgement of receipt for the withdrawal of an opposition sent to the intervener by letter of 21 February 2020 as well as the notification of the withdrawal of an opposition sent to the applicant by letter of 21 February 2020.

2 By letter lodged at the Court Registry on 13 March 2020, the applicant signified its agreement to the application for a declaration that there was no need to adjudicate. The applicant noted that the withdrawal was part of a wider agreement between the applicant and the intervener and that they had agreed to bear their own costs in this matter.

3 By letter lodged at the Court Registry on 13 March 2020, the intervener signified its agreement to the application for a declaration that there was no need to adjudicate. It did not seek an order as to costs.

4 According to the case-law, it must be considered that, where the opposition is withdrawn in the course of proceedings before the Board of Appeal for a decision on the opposition or in the course of proceedings before the Union judicature for a decision on an appeal made to EUIPO against the decision on the opposition...

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