IP Quarterly Newsletter - Issue 4

01 Two Important Decisions from the Ankara Regional Court of Appeals on Procedural Issues in Trademark Cancellation Actions

A. Introduction

The reasoned decision of the Ankara Civil Court of Intellectual and Industrial Property Rights ("Ankara IP Court") issued in a trademark cancellation action has been reversed twice by the Ankara Regional Court of Appeals ("Ankara Appeal Court") on procedural grounds without an examination of the merits of the case.

The first decision of the Ankara Appeal Court concerns the violation of the Code of Civil Procedure No. 6100 ("CCP") due to the inclusion of the visual of the disputed mark in the reasoned decision. The second decision concerns the contradiction with the Code of Execution and Bankruptcy No. 2004 ("CEB") due to the violation of the rule that civil proceedings in which the bankrupt party is a plaintiff or defendant must be suspended and may only be continued 10 days after the second meeting of creditors.