Orders nº T-185/20 of Tribunal General de la Unión Europea, December 01, 2020

Resolution DateDecember 01, 2020
Issuing OrganizationTribunal General de la Unión Europea
Decision NumberT-185/20

(European Union trade mark - Cancellation proceedings - Withdrawal of the application for a declaration of invalidity - No need to adjudicate)

In Case T-185/20,

Tikal Marine Systems GmbH, established in Norderstedt (Germany), represented by M. Mahnkopf, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by P. Sipos and V. Ruzek, acting as Agents,

defendant,

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

Ultra Safety Systems Inc., established in Mangonia Park, Florida (United States), represented by C. Eckhartt, A. von Mühlendahl and P. Böhner, lawyers,

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 29 January 2020 (Case R 2500/2018-4), relating to cancellation proceedings between Ultra Safety Systems and Tikal Marine Systems,

THE GENERAL COURT (Ninth Chamber),

composed of M. J. Costeira, President, D. Gratsias and B. Berke (Rapporteur), Judges,

Registrar: E. Coulon,

makes the following

Order

1 By letter lodged at the Court Registry on 22 October 2020, the intervener informed the Court of an agreement between itself and the applicant and that, pursuant to that agreement, it was withdrawing its application for a declaration of invalidity of the contested mark. It also informed the Court that, under that agreement, the applicant and the intervener had also settled the matter amicably with regard to costs.

2 By letter lodged at the Court Registry on 28 October 2020, the defendant informed the Court that, the intervener had withdrawn its application for a declaration of invalidity on 15 October 2020. The defendant requests the Court not to order it to pay the costs.

3 By letter lodged at the Court Registry on 3 November 2020, the applicant agreed that there is no need to adjudicate.

4 Pursuant to Article 130 of the Rules of Procedure of the General Court, it is sufficient in the present case...

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