Brazilian Supreme Court to Determine If Apple Can Continue to Use 'iPhone' Trademark in Brazil

Apple is facing a trademark battle in Brazil as the Brazilian Supreme Court is set to determine whether Apple is allowed to use the iPhone trademark in Brazil.

gradiente iphone white
The Brazilian Supreme Court will rule on the issue following a constitutional appeal by IGB Electronica, an electronics company that registered the ‌iPhone‌ trademark in Brazil in 2000.

Under the name Gradiente, IGB Electronica produced a line of IPHONE-branded Android smartphones in Brazil in 2012, and there was a period of time where the Brazilian company was given exclusive rights to the ‌iPhone‌ trademark.

There was a trademark battle and ultimately, Apple and IGB Electronica were both provided rights to use the name in the country. Since then, there's been continual back and forth fighting with each company attempting to gain exclusive rights to the trademark, but a 2018 decision upheld a 2013 ruling that gave both brands permission to use the trademark.

Earlier this year, IGB Electronica revived the dispute in an attempt to get the 2018 decision reversed by Brazil's Supreme Federal Court, and the court has agreed to hear the case. IGB argues that allowing Apple to use the trademark first filed by IGB "punishes creativity."

"Allowing a company to claim a trademark submitted in good faith by another one punishes creativity, distorts free competition and runs over Brazilian intellectual property authorities," says IGB's lawyer Igor Mauler Santiago in the petition. He also alleges the violation of free initiative and of trademarks protection, principles expressly prescribed in the Brazilian Constitution.

Apple has claimed that it was inappropriate for the National Institute of Industrial Property to grant the trademark to Gradiente in 2008 even though it was filed in 2000 because at that point, the ‌iPhone‌ existed.

It's not yet clear when the Brazilian Supreme Court will hear the case and come to a decision. IGB has been struggling for years and has lost close to 1 billion Brazilian Reals since 2018, so the ultimate goal may be a payout from Apple to end the dispute. Today's press release announcing the court's decision highlights commercial deals Apple has made in other countries to acquire rights to the ‌iPhone‌ trademark.

Apple's Brazilian dispute comes just after news that Apple has opposed the trademark application for Prepear, a recipe and meal planning app that uses a pear for an Apple logo. Apple fears people who encounter the pear logo will associate it with Apple.

Popular Stories

iphone 16 display

iPhone 17's Scratch Resistant Anti-Reflective Display Coating Canceled

Monday April 28, 2025 12:48 pm PDT by
Apple may have canceled the super scratch resistant anti-reflective display coating that it planned to use for the iPhone 17 Pro models, according to a source with reliable information that spoke to MacRumors. Last spring, Weibo leaker Instant Digital suggested Apple was working on a new anti-reflective display layer that was more scratch resistant than the Ceramic Shield. We haven't heard...
apple watch ultra yellow

What's Next for the Apple Watch Ultra 3 and Apple Watch SE 3

Friday April 25, 2025 2:44 pm PDT by
This week marks the 10th anniversary of the Apple Watch, which launched on April 24, 2015. Yesterday, we recapped features rumored for the Apple Watch Series 11, but since 2015, the Apple Watch has also branched out into the Apple Watch Ultra and the Apple Watch SE, so we thought we'd take a look at what's next for those product lines, too. 2025 Apple Watch Ultra 3 Apple didn't update the...
iPhone 17 Air Pastel Feature

iPhone 17 Reaches Key Milestone Ahead of Mass Production

Monday April 28, 2025 8:44 am PDT by
Apple has completed Engineering Validation Testing (EVT) for at least one iPhone 17 model, according to a paywalled preview of an upcoming DigiTimes report. iPhone 17 Air mockup based on rumored design The EVT stage involves Apple testing iPhone 17 prototypes to ensure the hardware works as expected. There are still DVT (Design Validation Test) and PVT (Production Validation Test) stages to...
Beyond iPhone 13 Better Blue

20th Anniversary iPhone Likely to Be Made in China Due to 'Extraordinarily Complex' Design

Monday April 28, 2025 4:29 am PDT by
Apple will likely manufacture its 20th anniversary iPhone models in China, despite broader efforts to shift production to India, according to Bloomberg's Mark Gurman. In 2027, Apple is planning a "major shake-up" for the iPhone lineup to mark two decades since the original model launched. Gurman's previous reporting indicates the company will introduce a foldable iPhone alongside a "bold"...
iPhone 17 Air Pastel Feature

iPhone 17 Air Launching Later This Year With These 16 New Features

Thursday April 24, 2025 8:24 am PDT by
While the so-called "iPhone 17 Air" is not expected to launch until September, there are already plenty of rumors about the ultra-thin device. Overall, the iPhone 17 Air sounds like a mixed bag. While the device is expected to have an impressively thin and light design, rumors indicate it will have some compromises compared to iPhone 17 Pro models, including only a single rear camera, a...
iPhone 17 Pro Blue Feature Tighter Crop

iPhone 17 Pro Launching Later This Year With These 13 New Features

Wednesday April 23, 2025 8:31 am PDT by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models as of April 2025: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models have a titanium frame, and the iPhone ...
iphone 17 air iphone 16 pro

iPhone 17 Air USB-C Port May Have This Unusual Design Quirk

Wednesday April 30, 2025 3:59 am PDT by
Apple is preparing to launch a dramatically thinner iPhone this September, and if recent leaks are anything to go by, the so-called iPhone 17 Air could boast one of the most radical design shifts in recent years. iPhone 17 Air dummy model alongside iPhone 16 Pro (credit: AppleTrack) At just 5.5mm thick (excluding a slightly raised camera bump), the 6.6-inch iPhone 17 Air is expected to become ...

Top Rated Comments

GeoStructural Avatar
62 months ago

I don’t know how many phones Apple sells in Brazil, but I bet the Apple Phone would sell just as well.

Let the morons have their iPhone trademark (obviously filed because of Apple’s popular iMac product line debuted in 1998).
How can you know for sure they had those intentions? This company was founded in the 60s, and its origin can be traced about 20 years before Apple even existed. They were also producing electronics when Steve Jobs was still in basic school.

They registered the brand name iPhone in 2000, 7 years before Apple released their product and they have been in the business ever since, not your average company troll.

When you say “obviously” and “popular” it is as baseless, just your conjecture. Macs are still not that prominent in Latin America, and 22 years ago in 1998 they had penetrated the market even less, Windows was (still is) king back then in Latin America.
Score: 21 Votes (Like | Disagree)
Eriamjh1138@DAN Avatar
62 months ago
I don’t know how many phones Apple sells in Brazil, but I bet the Apple Phone would sell just as well.

Let the morons have their iPhone trademark (obviously filed because of Apple’s popular iMac product line debuted in 1998).
Score: 11 Votes (Like | Disagree)
5105973 Avatar
62 months ago
Lol....well this is kind of amusing after reading Apple suing some little 5 person outfit over a pear logo that looks like a pear and only a pear.
Score: 10 Votes (Like | Disagree)
SigEp265 Avatar
62 months ago
They should just pay IGB Electronica for the trademark. It's not like they can't afford it. And I'm betting IGB Electronica wouldn't mind a huge sum of money.
Score: 7 Votes (Like | Disagree)
dwaltwhit Avatar
62 months ago
Yea it seems like it wouldn’t be toooo bad to brand it as ? phone in one country. I remember hearing of a pizza place in canada having copywrited the phrase “pizza pizza” so Little caesars in that region had to switch to “pizza 2 times!”
Score: 6 Votes (Like | Disagree)
Altivec88 Avatar
62 months ago

I don’t know how many phones Apple sells in Brazil, but I bet the Apple Phone would sell just as well.

Let the morons have their iPhone trademark (obviously filed because of Apple’s popular iMac product line debuted in 1998).
Yah, it all depends on the amount of sales. I'm sure it wouldn't be cheap to rebrand and produce a product for one specific country. Manufacturing, branding, OS, documentation, web presence, advertising, etc all have to be specialized. It might not be worth it and be cheaper to just pull out of Brazil.
Score: 5 Votes (Like | Disagree)