DECISION

of the Fourth Board of Appeal
of 7 July 2015

In Case R 470/2015-4

John Mills Limited
JML House, Regis Road London NW5 3EG United Kingdom	Applicant / Appellant

represented by GRAHAM WATT & CO LLP, St. Botolph's House, 7-9 St. Botolph's Road, Sevenoaks TN13 3AJ, United Kingdom

v

De'Longhi Benelux SA
11, Rue Beaumont L-1219 Luxembourg Luxembourg	Opponent / Respondent

represented by BARON WARREN REDFERN, Cambridge House, 100 Cambridge Grove, Hammersmith, London W6 OLE, United Kingdom

APPEAL relating to Opposition Proceedings No B 2 225 509 (Community trade mark application No 11 675 212)

The Fourth Board of Appeal

composed of D. Schennen (Chairperson), C. Bartos (Rapporteur) and E. Fink (Member)

Registrar: H. Dijkema

gives the following

Decision

Summary of the facts

1. By an application filed on 21 March 2013, John Mills Limited (‘the applicant’) sought to register the word mark

CHEF STATION

for goods in Classes 7, 8 and 21.

2. A notice of opposition was filed by De'Longhi Benelux SA (‘the opponent’) based on Article 8(1)(b), 8(5) and 8(4) CTMR and based, among others, on Community trade mark No 1 284 199

CHEF

registered on 24 April 2003 for goods in Class 7.

3. By decision of 23 December 2014 (‘the contested decision’), the Opposition Division upheld the opposition and rejected the CTM application for all the contested goods. It ordered the applicant to bear the costs fixed at EUR 650.

4. The applicant filed a notice of appeal against the contested decision followed by a statement of grounds. It requested the Board to annul the contested decision.

5. On 19 June 2015, the applicant requested an amendment of the list of goods of the CTM applied for. After the Office accepted the limitation of the list of goods, the opponent informed the Office that it withdrew the opposition.

6. As a result of the withdrawal of the opposition, the appeal and the opposition proceedings have lost their purpose and shall be closed. The decision of the Opposition Division shall not become final.

Costs

7. Since the opponent (respondent) withdrew the opposition following a partial limitation of the application, each party shall bear its own costs for reasons of equity following Article 85(2) CTMR.

Order

On those grounds,

THE BOARD

hereby:

1. Takes note of the withdrawal of the opposition.

2. Orders each party to bear its own costs.

Signed D. Schennen

Signed C. Bartos

Signed E. Fink

Registrar: Signed H.Dijkema