Apple loses the right over the iPhone trademark in Brazil

On February 14, 2013

A few weeks ago we told you that Apple would lose ownership of the iPhone trademark in Brazil and could be forced to remove the product from sale. Well, some of these things happened, Office for patents and trademarks in Brazil announced that a company called Gradiente owns the trademark rights, and Apple will be forced to buy it from them if they want to use it. Although Apple has not commented on the decision, the Brazilian authorities say that a call will be made against the decision.

Brazilian regulators have ruled that Apple does not have exclusive rights to use the “iPhone” trademark in the country. The decision is the result of a local company, Gradiente Eletronica, registering the name in 2000, seven years before the US firm. But the Institute of Industrial Property told the BBC it understood Apple was pursuing an appeal.

Apple still owns the iPhone trademark for anything other than mobile phones, but the company says that the Gradiente should not have this right, since between 2000, the date of application for ownership of the brand, and 2012 they didn’t launched its products under this brand. Whatever the motivations of Apple, the brand is now owned by Gradiente, Apple could sell iPhones, but if they will be sued by the Brazilian company, will lose and will have to pay compensation to remove terminals from sale and then to buy the brand.

Gradiente markets in this moment in Brazil a smartphone called iPhone Neo One that costs $300.