Apple’s Brazilian ‘iPhone’ trademark loses exclusivity

PhoneDog Media Exclusive
Download iM5, now available in the App Store and Google Play. iM5 is a PhoneDog Media backed Social Platform to inspire real-life action through the crowdsourcing of ideas. See the video


As I’m sure you’re already aware, since it’s now plastered all around the web, Apple has lost its exclusive rights to the ‘iPhone’ trademark in Brazil. This comes after Apple’s battle with the Brazilian ‘Gradiente Eletronica’, which has a trademark in the country for the name that predates the iPhone’s introduction by seven years.

What this means is that Apple’s smartphone may still be named ‘iPhone’ in Brazil, but Apple will not have exclusivity in the name, meaning Gradiente can continue to sell its products under the ‘iPhone’ name. In-fact, the Brazilian company does just that, as it introduced its own ‘iPhone’ in December. It’s also worth noting the laughable irony that Gradiente’s iPhone variant runs on Android. The device’s full name is ‘Gradiente iPhone Neo One’ (I’m sorry, but ‘iPhone Nexus One’, Anyone?), and it retails for the equivalent of $304 (or £196 in the United Kingdom-land).

The Institute of Industrial Property (INPI) stated that part of Apple’s recently-lost argument was that Gradiente Eletronica hadn’t used its ‘iPhone’ trademark on a device up until the tail end of 2012, so the Cupertino company should be awarded the trademark with full exclusivity. However, as we now know, Apple was fighting a losing battle. There is a (very) faint light side for Apple, though, as the company still has full trademark exclusivity with the name in every field other than handsets, but you can draw your own conclusions for how much use the trademark will be when applied to a product that isn’t a smartphone.

 

Via: The Verge

Tags: , , , , , , ,