In Case T-178/04

ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER
OF THE COURT OF FIRST INSTANCE

9 November 2005 (*)

«Removal from the Register»

In Case T-178/04,

Modis Professional Services Incorporated, established in Jacksonville (USA), represented by K. O’Rourke, P. Kavanagh, Solicitors,

applicant,

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by S. Laitinen, acting as agent,

defendant,

the other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance, being

Modis-Distribuiçao Centralizada, SA, established in Maia (Portugal), represented by J. Pimenta, lawyer,

ACTION brought against decision of the Fourth Board of Appeal of OHIM of 4February2004 (CaseR705/2002-4),

THE PRESIDENT OF THE FOURTH CHAMBER
OF THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES

makes the following

Order

1By letter lodged at the Court Registry on 30 September 2005, the applicant informed the Court of First Instance, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, that it wishes to discontinue the proceedings.

2By letter lodged at the Court Registry on 7 October 2005, the defendant indicated to the Court of First Instance that it had no objections to raise concerning the discontinuance of the proceedings and requested that in accordance with Article 87(5) of the Rules of Procedure the applicant be ordered to bear the costs.

On those grounds,

THE PRESIDENT OF THE FOURTH CHAMBER

hereby orders:

1.Case T-178/04 is removed from the register of the Court of First Instance.

2.The applicant shall bear the costs.

Luxembourg, 9 November 2005.

* Language of the case: English