Apple Appeals iPhone Trademark Ruling in Brazil

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Apple has filed an appeal in Brazil over a ruling that awarded the iPhone name to electronics maker Gradiente. The Brazilian company filed a trademark on the name about 10 years ago, and in December 2012 began selling its own iPhone-named smartphone running Google's Android OS.

Apple appeals iPhone trademark ruling in BrazilApple appeals iPhone trademark ruling in Brazil

Gradiente now has 60 days to respond to Apple's filing and show that it has been in compliance with local trademark laws which require that the company must have developed their brand within five years of being granted the iPhone name, according to Reuters. In this case, that means Gradiente needed to start using the iPhone term between 2008 and 2013 since the trademark was granted to the company in 2008.

Government regulators ruled earlier this week that Gradiente owned the iPhone name in Brazil, opening the option for the company to request an order blocking the sale of Apple's popular iPhone in the country. Gradiente executives have previously said they're open to negotiating with Apple saying, "We're open to a dialogue for anything, anytime."

That could mean the company wants to strike a deal where Apple buys the trademark from them, although Gradiente hasn't explicitly said that. Apple hasn't said whether or not it is interested in negotiating with Gradiente, and for now it looks like the U.S. iPhone maker is content to do its talking in court.

Comments

Lee Dronick

How many iXxxxxxx names have been trademarked, but don’t yet having any products or services being sold. A lot of people are coat tailing on Apple’s iXxxxxxx products, there is an advert on TV for iShares.

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