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Apple loses iPhone trademark in Brazil

While Apple fights for its patent rights against Samsung everywhere in the world, there is a lot of surprise and setback for Apple in another country. It has just come to light that the cupertino firm loses its right on its renowned trademark of the iPhone in Brazil.

When Apple submitted an application to the regulators in Brazil for registering its iPhone trademark in the country, it was rejected because a local manufacturer already has claimed the name for itself. Consumer electronics maker Gradiente had filed its request to use the “iphone” brand in 2000, seven years before Apple launched its smartphone, but received approval to use the trademark only in 2008.


The country’s Institute of Industrial Property (INPI) recently rules against Apple in a trademark lawsuit against Gradiente Electronica. The official publication of the verdict doesn’t forbid Apple from using the name in Brazil. It only makes it clear the rights belong to the Brazilian company.

Now, in order to keep its trademark rights, Gradiente will need to prove to the regulator in the next 60 days that it made use of the trademark between January 2008 and January this year, Inpi said late on Wednesday. Brands in Brazil must be developed within five years of gaining approval.

gradiente _iphoneIGB Eletronica SA, a company formed after the restructuring of Gradiente, launched its “iphone” line of smartphones last December. Gradiente’s ‘iphone’ runs Android OS, developed by Apple rival Google, laced with a 700MHz processor, an 3.7-inch capacitive touchscreen, and a dual-sim card.

Gradiente has exclusive rights to the license until 2018. This is very similar to last year’s hilarious lawsuit in China against the GooPhone i5, which used Apple’s iPhone 5 design and, rather amazingly, won the rights to the design as well.

Apple will probably choose to pay the Brazilian company for the right to use the iPhone brand in Latin America’s largest country. This seems the best option for Apple, because it “doesn’t want to stop selling its product in Brazil,” Eduardo Tude, president of Brazilian telecommunications consultancy Teleco.

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One Comment on “Apple loses iPhone trademark in Brazil”

  1. carol ifanger March 19, 2013 at 1:34 pm #

    i really appreciate coming here everyday to see what’s new on your website, and i already told my friends to do the same.

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