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7.3.2009 |
EN |
Official Journal of the European Union |
C 55/26 |
Order of the Court of First Instance of 16 December 2008 — Gaedertz v OHIM — Living Byte Software (GlobalRemote)
(Case T-209/07) (1)
(Community trade mark - Application for a declaration of invalidity - Withdrawal of the application for a declaration of invalidity - No need to adjudicate)
(2009/C 55/47)
Language of the case: German
Parties
Applicant: Johann-Christoph Gaedertz (Frankfurt am Main, Germany) (represented by: E.M. Gerstenberg, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Living Byte Software GmbH (Munich, Germany) (represented by: A. Freifrau von Welser, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 April 2007 (Case R 272/2005-4) relating to invalidity proceedings between Mr Johann-Christoph Gaedertz and Living Byte Software GmbH
Operative part of the order
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1. |
There is no longer any need to adjudicate on the action. |
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2. |
The applicant and the intervener are ordered to bear their own costs. |
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3. |
The applicant is ordered to pay the defendant's costs. |