gradiente_iphone_whiteBBC News reports that Apple has officially lost a trademark ruling in Brazil over the "iPhone" name, with officials declaring that a company now selling Android phones under the name is the rightful owner of the term based on its trademark application from 2000.

The impact on Apple appears to be limited for the time being, however, as Apple is reportedly pursuing an appeal and can continue selling the iPhone under its present name in the country.

The INPI added that its decision only applied to handsets, and that the California-based company continued to have exclusive rights to use the iPhone name elsewhere including on clothing, in software and across publications.

Apple can also continue to sell iPhone-branded handsets in what is Latin America's biggest market - however, Gradiente has an option of suing for exclusivity.

Apple's case hinged on the fact that Gradiente had not launched a product with the "iPhone" name until late last year, despite having applied for the trademark over a decade earlier. Trademark officials did not, however, agree that IGB/Gradiente should be stripped of the rights to the mark.

Gradiente noted last week that it was open to selling the rights to the iPhone trademark to Apple, but it appears that the dispute may continue through appeals and lawsuits for some time before a settlement might be reached.

Top Rated Comments

50548 Avatar
107 months ago
I guarantee that Apple isn't going to bring manufacturing to Brazil now. Not smart, Brazil. Not smart.
The Brazilian government has zilt to do with that - this is called application of law as it is supposed to happen in any civilized nation out there.

In fact, Apple and its partners have already been manufacturing there and will continue to do so, for obvious reasons...Brazil is the 6th largest economy in the world and the natural leader of the Southern Hemisphere - in other words, a huge target market for Apple, as already confirmed by Cook and others.

And no, we do not speak Spanish nor are we part of the prejudiced and nonsensical US-invented "latino" community. So for those with some knowledge of Brazilian Portuguese, you may check this "explanatory" video by Gradiente - they say that the idea behind "IPHONE" came from "INTERNET PHONE" back then (whether one believes that or not is irrelevant now):

//www.youtube.com/watch?v=RkRf6Gv4NtU&feature=player_embedded

Ultimately, the INPI has simply applied Law 9279 on IPR - Apple has stated that it will appeal on "removal for non use" grounds. However, this is a lost cause, as it is clear that IGB DID release something since the registration was finally granted to that company in 2008 (the five-year period counts from effective registration and NOT deposit of the request).

As I said before, Apple will have to shut up and pay; simple as that.
Score: 7 Votes (Like | Disagree)
shortcrust Avatar
107 months ago
I guarantee that Apple isn't going to bring manufacturing to Brazil now. Not smart, Brazil. Not smart.

Smart?! Do you really think it would be 'smart' of a Brazilian court to base a decision on the need to keep Apple happy rather that the need to uphold the laws of their country? I think it would be shameful, and I'm pretty sure Brazil isn't that desperate.

Some people on here have a really screwed up world view.
Score: 6 Votes (Like | Disagree)
moxxey Avatar
107 months ago
I guarantee that Apple isn't going to bring manufacturing to Brazil now. Not smart, Brazil. Not smart.

You mean unlike the iPhone's that are currently being manufactured in Brazil?

If a company owns a valid trademark, a company from another country cannot simply come in and take it over, simply because they 'forgot' or couldn't get their trademark in that particular country.

If I register a trademark here in the UK, today, then the mighty Apple chooses the same trademark everywhere else in the world, in five years time, it doesn't mean they have a legal right to *my* trademark, registered first.
Score: 6 Votes (Like | Disagree)
Snookerman Avatar
107 months ago
I guarantee that Apple isn't going to bring manufacturing to Brazil now. Not smart, Brazil. Not smart.

I'm sure all the Brazilians are glad that their legal system isn't guided by the market.
Score: 5 Votes (Like | Disagree)
ArtOfWarfare Avatar
107 months ago
was Apple the one to set the trend for small letter capital letter? eg. eMac iMac. I remember playing online games and everyone was always iSomething. even the movie I, Robot kind of seems like it got the idea from there. Whoever set this trend should have right to use the term since it reflects upon themselves/company

I, Robot was a book written in 1950.
Score: 4 Votes (Like | Disagree)
OllyW Avatar
107 months ago
If I register a trademark here in the UK, today, then the mighty Apple chooses the same trademark everywhere else in the world, in five years time, it doesn't mean they have a legal right to *my* trademark, registered first.
As they will probably find out if they try to launch an "iTV". :)
Score: 4 Votes (Like | Disagree)

Top Stories

siir apple event april 20

Siri Reveals Apple Event Planned for Tuesday, April 20

Tuesday April 13, 2021 12:04 am PDT by
Siri has apparently prematurely revealed that Apple plans to hold an event on Tuesday, April 20, where the company is expected to reveal brand new iPad Pro models and possibly its long-awaited AirTags trackers. Subscribe to the MacRumors YouTube channel for more videos. Upon being asked "When is the next Apple Event," Siri is currently responding with, "The special event is on Tuesday, April...
apple event spring loaded

Apple's 'Spring Loaded' Event Officially Announced for Tuesday, April 20

Tuesday April 13, 2021 9:04 am PDT by
Following an overnight leak by Siri, Apple today officially announced that it will be holding a special "Spring Loaded" event on Tuesday, April 20 at 10:00 a.m. Pacific Time at the Steve Jobs Theater on the Apple Park campus in Cupertino, California. As with all of Apple's 2020 events, the April 2021 event will be a digital-only gathering with no members of the media invited to attend in...
pixel watch prosser leak

Google Pixel Watch Allegedly Leaks with Circular Design, Rumored to Launch in October

Monday April 12, 2021 2:49 am PDT by
Renders of Google's first smartwatch, codenamed "Rohan," have been shared by Jon Prosser, showing that Google plans to adopt a circular design for its flagship wearable watch. Prosser shared the renders in an episode of his YouTube show "Front Page Tech," in which he claims they were made based on marketing material he had seen from a source within Google. The renders show that the Pixel...
Google maps feaure green

Google Maps App for iOS Finally Updated After Four Months

Monday April 12, 2021 10:03 am PDT by
Following the completed rollout of App Privacy labels for its App Store apps, Google today updated the Google Maps app for the first time in four months. Apple in December began requiring all new app submissions and app updates to include App Privacy labels, detailing the data that is collected by the app so consumers know what they're sharing. Google didn't begin implementing App Privacy ...
AppleTV and HomePod Feature

Bloomberg: Apple Working on New Apple TV With Integrated HomePod Speaker and FaceTime Camera

Monday April 12, 2021 3:32 am PDT by
Apple is working on a combined Apple TV with HomePod speaker that has a camera for video calls through a connected television set, according to Bloomberg's Mark Gurman. From the report: The company is working on a product that would combine an Apple TV set-top box with a HomePod speaker and include a camera for video conferencing through a connected TV and other smart-home functions,...
samsung experience 1

Samsung's 'iTest' Lets You Try a Galaxy Device on Your iPhone

Thursday April 8, 2021 12:42 pm PDT by
Samsung has launched "iTest," an interactive website experience that's designed to allow iPhone users to test out Android on a Galaxy device, or "sample the other side," as Samsung puts it. Subscribe to the MacRumors YouTube channel for more videos. The iTest website is being advertised in New Zealand, according to a MacRumors reader who came across the feature. Visiting the iTest website on...
epic iap feature 3

Tim Cook Says App Store Would Become a 'Flea Market' if Third-Party Payment Systems Were Allowed

Monday April 12, 2021 9:41 am PDT by
In a recent interview with the Toronto Star, Apple CEO Tim Cook spoke about a wide variety of topics, ranging from App Tracking Transparency to Apple's ongoing legal battle over App Store policies with Fortnite creator Epic Games. Notably, Cook said that Epic Games' desire for Apple to let developers offer their own payment systems in apps "would make the App Store a flea market":At the...
tim cook toronto star

Tim Cook Says Apple is 'Not Against Digital Advertising' Ahead of iOS 14.5 Launch With App Tracking Transparency

Monday April 12, 2021 8:00 am PDT by
Starting with iOS 14.5, iPadOS 14.5, and tvOS 14.5, Apple will be requiring apps to receive a user's permission to track their activity for targeted advertising purposes, as part of a privacy measure known as App Tracking Transparency. Ahead of App Tracking Transparency being enforced, Apple CEO Tim Cook has participated in a privacy-focused interview with the Toronto Star, telling the...
a13 bionic mockup

Apple Made Sudden Security Changes to its Chips in Fall 2020

Monday April 12, 2021 8:15 am PDT by
Apple made unusual mid-production hardware changes to the A12, A13, and S5 processors in its devices in the fall of 2020 to update the Secure Storage Component, according to Apple Support documents. According to an Apple Support page, spotted by Twitter user Andrew Pantyukhin, Apple changed the Secure Enclave in a number of products in the fall of 2020:Note: A12, A13, S4, and S5 products...
HomePod G4 Feature

Bloomberg: Future HomePod May Feature iPad Connected Via Robotic Arm to Track Users Around The Room During FaceTime Calls

Monday April 12, 2021 3:50 am PDT by
In a report outlining a possible Apple TV with a combined HomePod and camera, Bloomberg's Mark Gurman says that Apple is exploring a future high-end HomePod speaker that could include an iPad connected via a robotic arm that tracks and follows users around a room. From the report: The Cupertino, California-based technology giant, is also mulling the launch of a high-end speaker with a touch ...