Recent Case Highlights Lack Of Harmonisation Between Courts' Approachand PTO's Practice

• Beiersdorf opposed an application for NEVAYA based on its NIVEA trademarks, alleging a likelihood of confusion and thewell-known status of its marks
• The PTO partially accepted the opposition based on the likelihood of confusion argument, but rejected the well-known status argument
• A key issue was whether the well-known status argument could be asserted in an action for the cancellation of the PTO'sdecision, even though no appeal was filed against the refusal of such argument during the administrative stage

In Turkey, actions for the cancellation of decisions of the Turkish Patent and Trademark Office (PTO) are filed before the AnkaraIP Court. Under Turkish procedural law, decisions of the First-Instance IP Court can be appealed before the Regional Court ofAppeal.