A decision about whether Apple can continue to use the iPhone name in Brazil will be released this week. On February 5, the Brazilian Institute for Industrial Property (INPI) will announce its decision on the matter in the Industrial Property Magazine, which serves as INPI’s official publication of record for trademark and patent protection.
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In Brazil, the Brazilian manufacturer Gradiente, not Apple, holds the rights to the iPhone trademark. Gradiente 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.
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 impasse came about when Gradiente re-launched its Iphone brand, announcing a new line of smartphones using Google’s Android operating system under the name “G Gradiente Iphone.”
Since Gradiente is the exclusive holder of the brand registration rights in Brazil, it is unclear whether Apple would be able to keep its smartphone name in the country.
Gradiente noted that it had not used the Iphone name until now because the company was going through a restructuring process and that was its priority. Gradiente re-entered the mobile phone market this year, following an announcement by the Companhia Brasileira de Tecnologia Digital (CBTD or Brazilian Digital Technology Company), the firm responsible for leasing and managing Gradiente’s marks.
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