Order — ECLI:EU:T:2003:306
Date: 2003-11-18
Language of the case: English
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Actions before the Community Courts
Procedure: Action for annulment - decision unnecessary

Summary of the Order 
Community trade mark — Appeals procedure — Action brought against a decision 
upholding an application for a declaration of invalidity — Withdrawal of the application 
for a declaration of invalidity — Action rendered devoid of purpose — No need to 
adjudicate 
(Rules of Procedure of the Court of First Instance, Art. 113) 
II - 4921 
SUMMARY — CASE T-383/02 
Withdrawal of an application for a declar­
ation of invalidity filed against a Commu­
nity trade mark that occurs before the 
decision of the Cancellation Division of the 
Office for Harmonisation in the Internal 
Market (Trade Marks and Designs) declar­
ing the Community trade mark invalid can 
take effect and become final, in accordance 
wi th the combined provisions of 
Article 56(6), 57(1) and 62(3) of Regu­
lation No 40/94 on the Community trade 
mark, renders that decision inoperative, so 
that an action brought before the Court of 
First Instance challenging the decision of a 
Board of Appeal of the Office which has 
confirmed the validity of the first decision 
becomes devoid of purpose in accordance 
with Article 113 of the Rules of Procedure 
of the Court of First Instance and there is 
no longer any need for the Court to 
adjudicate. 
(see para. 14) 
II - 4922