Is Partial Victory A Real Victory?

In 2022, the Ankara Regional Court of Appeal ("the RCA") rendered a decision for an appeal regarding a cancellation action against the Turkish Patent and Trademark Office's ( "the Office") decision. Based on this decision, it is concluded that if an argument is rejected during the opposition proceedings before the Office and no appeal is filed against the non-acceptance of this argument before the Higher Board of the Office (even though the decision is in favour of the opponent), the IP Court should not consider it for cancellation claim.

In the case subject to the RCA's decision, the discussion is that, an opposition against publication before the 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 Office. However, upon the applicant's appeal, the Higher Board of the Office reversed TD's