3.8.2013
EN
Official Journal of the European Union
C 225/44
Order of the Court (Seventh Chamber) of 16 May 2013 — Volkswagen AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Suzuki Motor Corp.
(Case C-260/12 P) (1)
(Appeal - Community trade mark - Word mark Swift GTi - Opposition by the proprietor of national and international word marks GTI - Withdrawal of the opposition - Appeal which has become devoid of purpose - No need to adjudicate)
2013/C 225/75
Language of the case: German
Parties
Appellant: Volkswagen AG (represented by: S. Risthaus, Rechtsanwalt)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), Suzuki Motor Corp.
Re:
Appeal brought against the judgment of the General Court (Second Chamber) of 21 March 2012 in Case T-63/09 Volkswagen v OHIM — Suzuki Motor (SWIFT GTi) by which the General Court dismissed the action brought against the decision of the Second Board of Appeal of OHIM of 9 December 2008 (Case R 749/2007-2) relating to opposition proceedings between Volkswagen AG and Suzuki Motor Corp. — Word sign SWIFT GTi — Likelihood of confusion with the word mark GTI — Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)
Operative part of the order
1.
There is no need to adjudicate on the appeal.
2.
Volkswagen AG shall pay the costs of these proceedings.
(1) OJ C 227, 28.7.2012.
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