It is official: The iPhone trademark in Brazil belongs to Gradiente. The company was granted the trademark registration to use the term in 2008 when referring to cellular telephone apparatus, cellular telephone devices that enable Internet access for both fixed and mobile telephony, digital antennas, protective cases, batteries, chargers, speakers, and hands-free parts and accessories included in this class.
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California-based tech giant Apple has some rights to the iPhone trademark in Brazil, including the right to use the word in games, toys, Christmas tree decorations, clothing, headgear and printed materials as well as several other categories.
The decision on the matter was expected, but was published yesterday in the Industrial Property Magazine, which serves as Brazil’s copyright regulator Institute of Industrial Property’s official publication of record for trademark and patent protection.
Last year, IGB Eletrônica, which operates under the Gradiente name in Brazil, began selling a line of smartphones using Google’s Android operating system under the name “G Gradiente Iphone.”
According to the BBC, Apple has lodged an appeal against the decision with Brazilian regulators. Apple’s PR team in Brazil did not return RCR Wireless News’ requests for comment.
As for Gradiente, the company did not say if it will sue Apple for exclusivity of using the iPhone trademark. As for now Apple can continue to sell iPhone-branded handsets in Brazil.
Brazil is not the first Latin American country where Apple has faced trademarks’ issues. Last year, Apple lost a trademark battle with Mexico’s iFone, which holds the relevant trademark for telecommunication services.
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