AfterDawn: News

Apple fights for iPhone trademark in Brazil

Apple will challenge a ruling in Brazil this week that found the iPad-maker does not have exclusive rights to the "iPhone" trademark in the country.

The ruling found that Gradiente Eletronica SA had exclusive rights to use the iPhone trademark in relation to mobile handsets - while Apple is still free to use it in software or any other area. In fact, Apple can go ahead and market iPhones in Brazil all it wants, but Gradiente would be able to sue it for exclusive rights any time.



Gradiente applied for the iPhone trademark in 2000, and it was awarded to the firm in 2008.

Due to Apple's complaint to regulator, Inpi, Gradiente will have to prove that it used the iPhone trademark before January 2013, as Brazilian regulation states that brands in brazil must be developed within five years of gaining approval.

The Android-running iPhone Neo One (pictured) was launched in December 2012, so proving the use of the brand name should not be difficult.

Written by: James Delahunty @ 14 Feb 2013 21:40

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• 4 comments

• bobiroc

  Apple stole the name in the first place from Linksys/Cisco and paid for it afterwards instead of paying for the rights upfront. Apple thinks they own everything that you can put a lowercase i in front of.
  

  AMD Phenom II 965 @ 3.67Ghz, 8GB DDR3, ATI Radeon 5770HD, 256GB OCZ Vertex 4, 2TB Additional HDD, Windows 7 Ultimate.
  
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  14.2.2013 21:53 #1

• xtago

  I think they will loose this appeal as the last news post said the company had used iPhone in the 90's and trademarked it after using it.
  
  Though I'd question if Apple would win overall because the company has had the trademark for 13 years now, you don't trademark stuff for a piss take they had it before the iPhone even existed.

  15.2.2013 07:29 #2

• robertmro

  A big victory for Gradiente Eletronica. They are now the leader of the smart phone world.
  

  15.2.2013 20:51 #3

• ddp

  xtago, that company applied for the trademark in 2000 but got it in 2008. as long as they developed a product for that trademark within 5yrs which they did last december with their android phone then apple is S.O.L.
  

  15.2.2013 20:59 #4