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iPhone Trademark in Brazil: Not So Fast, Apple Challenges iPhone Trademark in Brazil

Apple Inc (AAPL)iPhone Trademark in Brazil: Earlier today, we published this story: Apple Inc. Does Not Have Exclusive Trademark Rights to iPhone in Brazil. The gist of the story is simple. Apple Inc. (NASDAQ:AAPL) does not own the trademark for this term in Brazil. Instead, it belongs to Gradiente Eletronica SA.

As you can imagine, the Cupertino-based company was not happy with losing rights to the iPhone trademark in Brazil earlier this week. For this reason, the company has decided to challenge the ruling in hopes of having it reversed at some point in the future.

Reuters has provided full coverage on the story and can offer the following details:

“Apple Inc, which lost the rights to its iPhone trademark in Brazil on Wednesday, is challenging the ruling by Brazil’s copyright regulator to prevent local firm Gradiente Eletronica SA from using the “iphone” brand name.”

“The regulator, Inpi, ruled on Wednesday that the rights to the trademark belong to Gradiente, prompting California-based Apple to request that the decision be reviewed in Latin America’s largest market.”

In 2000, Gradiente filed a request to use the term iPhone within its consumer electronics business. It is important to note that this was seven years before Apple Inc. (NASDAQ:AAPL) launched its wildly popular device of the same name.

With that in mind, Gradiente had to wait until 2008 to receive approval to use the trademark.

According to the same Reuters article, here is what Gradiente has to do now if the company wants to hang on to the trademark:

“Now, in order to keep its trademark rights, Gradiente will need to prove to the regulator in the next 60 days that it made use of the trademark between January 2008 and January 2013, Inpi said late on Wednesday. Brands in Brazil must be developed within 5 years of gaining approval.”

While officials for Apple Inc. (NASDAQ:AAPL) and Gradiente declined comment, an Inpi spokesperson added that “Apple could still take the case to court or negotiate an out-of-court settlement with Gradiente.”

We will be sure to keep you up to date with any changes in the near future.

Check back here for more updates on iPhone Trademark in Brazil.

DISCLOSURE: I have no positions in any stock mentioned.

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