ORDER OF THE COURT OF FIRST INSTANCE

of 12 January 2005

in Case T-268/04 Spa Monopole, Compagnie fermière de Spa v the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark - Opposition - Withdrawal of opposition - No need to adjudicate)

(2005/C 143/67)

Language of the case: French

In Case T-268/04: Spa Monopole, Compagnie fermière de Spa, established in Spa (Belgium), represented by L. de Brouwer, E. Cornu, E. De Gryse and D. Moreau, lawyers, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: O. Montalto), the other party to the proceedings before the Board of Appeal of OHIM having been Cottee Dairy Products Pty Limited, established in New South Wales (Australia) — action against the decision of the First Board of Appeal of OHIM of 19 April 2004 (Case R 148/2002-1) — the Court of First Instance (Second Chamber), composed of J. Pirrung, President, N. J. Forwood and S. Papasavvas, Judges; H. Jung, Registrar, made an order on 12 January 2005, the operative part of which is as follows:

(1)  OJ C 217 of 28.8.2004.