Apple Loses iPhone Trademark in Brazil

Gradiente Eletronica wins exclusive rights to name in South America's largest market.

As expected, Apple has officially lost the iPhone trademark in Brazil, with the company already lodging an appeal.

The Brazilian Institute of Industrial Property (INPI) ruled against Apple in a lawsuit filed by Brazilian company Gradiente Eletronica. The latter released an Android-powered smartphone called the "iPHONE" in January.

Gradiente registered the name in 2000, seven years before Apple launched its flagship device. Apple has, however, retained the rights to use the name to sell merchandise such as clothing, software, and in advertising. (The ruling is limited solely to handsets.)

Apple has already filed an appeal to see the decision overruled. It argued that Gradiente hasn’t used the iPhone trademark between 2008 and early this year and has thus asked Brazilian regulators to remove the registration.

Apple will still be able to continue to sell its smartphone in Brazil for now, although it's unclear for how long. Gradiente has stated that it had secured the legal rights to the name until 2018.

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There are 47 Comments. B

Top Comments

38

steve360 , February 17, 2013 3:08 PM

Finally, some good news.
28

master_chen , February 17, 2013 5:26 PM

LOL!
27

tomfreak , February 17, 2013 3:41 PM

"Apple has already filed an appeal to see the decision overruled. It argued that Gradiente hasn’t used the iPhone trademark between 2008 and early this year and has thus asked Brazilian regulators to remove the registration."

What retard bullshit is this? Hasnt use doesnt mean you can steal the name. lol

Other Comments

38

steve360 , February 17, 2013 3:08 PM

Finally, some good news.
18

stickmansam , February 17, 2013 3:19 PM

This is how the system should work as prior people had it but somewhat slow to use (but not a patent troll I think) so even powerful companies cannot take it away from people already using it
27

tomfreak , February 17, 2013 3:41 PM

"Apple has already filed an appeal to see the decision overruled. It argued that Gradiente hasn’t used the iPhone trademark between 2008 and early this year and has thus asked Brazilian regulators to remove the registration."

What retard bullshit is this? Hasnt use doesnt mean you can steal the name. lol
22

dark_knight33 , February 17, 2013 3:47 PM

This cuts both ways. Also consider that many companies (including apple) are just sitting on certain patents (not just trademarks), holding back general innovation. Companies have a hard time making new products in the tech sector because you end up getting extorted by patent trolls that haven't used their patent for anything in 10 years.
9

valkain , February 17, 2013 4:09 PM

dark_knight33This cuts both ways. Also consider that many companies (including apple) are just sitting on certain patents (not just trademarks), holding back general innovation. Companies have a hard time making new products in the tech sector because you end up getting extorted by patent trolls that haven't used their patent for anything in 10 years.

I'm sitting here, reading this article and thinking
"Whose side am I supposed to be cheering for?"
15

techcurious , February 17, 2013 4:37 PM

dark_knight33This cuts both ways. Also consider that many companies (including apple) are just sitting on certain patents (not just trademarks), holding back general innovation. Companies have a hard time making new products in the tech sector because you end up getting extorted by patent trolls that haven't used their patent for anything in 10 years.

This has nothing to do with holding back technology and/or innovation.
They are not claiming that Apple should not make and sell their phones in Brazil. They are claiming rights to the name iPhone! That is waaaaaay more reasonable than when Apple tries to prevent anyone from using an Apple logo (or square icons with rounded corners!).. since apples have always been around since before Adam and Eve, but iPhone is not a even a word in any language that I know. All Apple had to do is rename their phone for the Brazilian market (cars have different names in different markets, and so do many Android phones!). It shouldn't hurt their sales that much (not say it won't, just that it shouldn't).. not any more than their absurd claims that their customers can't tell a Samsung apart from an iPhone..
11

anonymous@guest , February 17, 2013 4:42 PM

Buahahaha! Take THAT Apple!

"But they never expected.. the Brazilians..."

*drumming*
21

JOSHSKORN , February 17, 2013 4:46 PM

It's always good news when Apple loses.
20

hydac7 , February 17, 2013 5:00 PM

Cool Take that Crapple
9

rantoc , February 17, 2013 5:15 PM

Ever wonder why so much news on this site is about Apple even when most here seem to hate the brand? Its because it draws attention from both the sheep and the haters - That means more views and thus "a success" story no matter how little the general audience really want to read about it (judging by the comments). The best way to not having a zillion news articles about something you don't want to read is not click on it in the first place just to post a hate comment or two - There is an old saying - Don't feed the troll/writer!
28

master_chen , February 17, 2013 5:26 PM

LOL!
6

de5_Roy , February 17, 2013 5:41 PM

awww i feel sorry for apple. they can't troll gradiente eletronica (G.E.!).
i heard that antennagate and imisdirection are not taken. trademark them quick, apple.
21

madjimms , February 17, 2013 5:49 PM

When I read this I had an orgasm.
24

downhill911 , February 17, 2013 6:07 PM

Apple got Trolled.
+1 for Brazil.
15

soundping , February 17, 2013 6:41 PM

Apple was seven years of total fail. Jobs is a fool.
2

master_chen , February 17, 2013 7:04 PM

soundpingJobs is a fool.

Don't you mean Tim? Jobs' dead.
They lost it during Tim, not Steve. Thus Steve has nothing to be blamed for in this particular case, only Tim.
13

fuzzion , February 17, 2013 7:48 PM

Every case Apple losses, is a win to the Rule of law.
0

leandrodafontoura , February 17, 2013 7:55 PM

Gradiente has already said they wil friendly negotiate with Apple and let the iOS iPhone sell. I tottally agree Gradiente should make some money out of this, the law is the law, but let be hones. In 2018 Apple will be still selling handsets, and Gradiente will be fighting bankrupcy, this company has no creativity.
6

master_chen , February 17, 2013 7:55 PM

fuzzionTo the Rule of law.

Don't you mean "to the natural flow of all things in the Universe"?
11

nukemaster , February 17, 2013 9:18 PM

Hell if Cisco did not roller over, They(Apple) would have never had the iPhone name to begin with.

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