Source: EURLEX
Language: en
Format: md

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| 7.3.2009 | EN | Official Journal of the European Union | C 55/26 |

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Order of the Court of First Instance of 16 December 2008 — Gaedertz v OHIM — Living Byte Software (GlobalRemote)

(Case T-209/07)[(1)](#ntr1-C_2009055EN.01002601-E0001)

(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. |

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