HMV (Brands) v EUIPO - Our Price Records (OUR PRICE)

ORDER OF THE PRESIDENT OF THE NINTH CHAMBER OF THE GENERAL COURT 6 September 2018 (*)(Removal from the register)In Case T-129/18,HMV (Brands) Ltd, established in London (United Kingdom), represented by M. Hicks and N. Zweck, Barristers, applicant,v European Union Intellectual Property Office (EUIPO), represented by D. Hanf, acting as Agent,defendant,the other party to the proceedings before the Board of Appeal of the EUIPO being Our Price Records Ltd, established in London (United Kingdom),ACTION brought against the decision of the Second Board of Appeal EUIPO of 15 December 2017 (Case R 838/2017-2) relating to opposition proceedings between HMV (Brands) Ltd and Our Price Records Ltd.1        By letter lodged at the Court Registry on 6 July 2018, the applicant informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that it wished to discontinue proceedings. 2        By letter lodged at the Court Registry on 12 July 2018, the defendant informed the Court that it had no objections to make concerning the discontinuance of the proceedings, and requested that the applicant be ordered to bear the costs or, in any case, the defendant not to be ordered to bear the costs.3        Article 136(1) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance. 4        The case should therefore...