Apple Loses iPhone Trademark in Brazil

News
By Zak Islam
published

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.

Contact Us for News Tips, Corrections and Feedback

Zak Islam
46 Comments Comment from the forums
  • steve360
    Finally, some good news.
    Reply
  • stickmansam
    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
    Reply
  • tomfreak
    "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
    Reply
  • dark_knight33
    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.
    Reply
  • valkain
    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?"
    Reply
  • techcurious
    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..
    Reply
  • Buahahaha! Take THAT Apple!

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

    *drumming*
    Reply
  • JOSHSKORN
    It's always good news when Apple loses.
    Reply
  • rantoc
    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!
    Reply
  • master_chen
    LOL!
    Reply