Is Partial Victory A Real Victory?

Upon reviewing two decisions rendered by the Ankara Regional Court of Appeal ("the RCA") in 2021 and 2023 in independent cases (the cases will be referred as "the 1^st case" and "the 2^nd case"), it is concluded that if an argument is rejected during the opposition proceedings before the IP Office and no appeal is filed against the non-acceptance of this argument before the Higher Board of the IP Office (even though the decision is in favour of the opponent), the IP Court should not consider that argument for cancellation claim of the Office decision.

In both cases subject to the RCA's decisions, the discussion is that an opposition against publication before the IP Office was partially accepted by the Trademarks Department ("the TD") based on one of the arguments alleged and no further appeal was filed by the opponent against refusal of other arguments before the Higher Board of the IP Office. However, upon the applicant's appeal, the Higher Board reversed