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Summary:

A Brazilian company that registered the trademark in 2000 is also allowed to legally use the iPhone name in Brazil, according to a ruling reported Wednesday.

A Brazilian regulatory agency on Wednesday ruled that Apple is not the only company that can exclusively sell smartphones bearing the iPhone name in the country. Gradiente Electronica, a local company that had registered the name in 2000, is the other, the BBC reported.

Gradiente was granted the iPhone trademark in 2008. Apple began selling its iPhone in 2007. Though the company has a different name now (IGB Electronica SA) it began selling a device in the country it calls the iPhone in December 2012. (To add a little insult to injury, the device runs Android.)

Both companies can use the trademark, the Institute of Industrial Property ruled, but Gradiente has the option of suing for exclusive use of it since it registered the name first, according to the report. Apple, meanwhile, is still the only company that can legally sell software, clothing and publications with the iPhone trademark. So, there’s that.

The agency told the BBC that Apple is already planning to appeal. Apple did not immediately respond to a request for comment on the story.

The Brazilian company is said to be willing to make a deal with Apple. IGB Chairman Eugenio Emilio Staub told Bloomberg last week his company was “open to a dialogue for anything, anytime … We’re not radicals.”

This is perhaps a temporary setback for Apple, which has high hopes for the country as a market for iPhones and other products. Last year, CEO Tim Cook specifically mentioned Brazil as the most interesting emerging market — after China – for Apple.

  1. O que vem fácil, vai fácil.

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  2. This very interesting.

    The Brazilan company registered the “iPhone” trademark in 2000? So is it correct to assume that in Brazil a company can register a trademark even when it doesn’t have a product to attach the trademark? Generally a trademark application asks the question “first sold date”. It appears that in this case the application for the registration of the trademark for “iPhone” should not have been granted for cell phones in the 1st place, since it did have or sell or claim to be selling a cell phone bearing the “iPhone” trademark. Using international standards, I doubt Apple will have any difficulty defending its mark in Brazil even if it has to pay off the Brazilan company for the tradeamrk rights. Based on the Brazilan granting of the “iPhone” trademark in the first place I suspect this will be the most cost effective method or resolving the problem.

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