Brazil rules Apple doesn't have exclusive rights to iPhone trademark

It's a slightly bizarre feeling, but in Brazil, this Android smartphone is the iPhone. And, thanks to a ruling by Brazilian regulators, it can continue to be called the iPhone, as Apple has been ruled not to have exclusive rights to the trademark in the country. The key item involved in the dispute -- local company Gradiente registered the iPhone trademark there in 2000, some 7 years before the first Apple iPhone. Apple's argument centered on the fact that while the trademark may have been filed, Gradiente failed to release a handset under the moniker until 2012.

Speaking to the BBC, the Institute of Industrial Property (INPI) said they expect an appeal to the decision from Apple. They also went on to declare that the decision only applies to handsets, and that Apple still has exclusive rights to the iPhone term on clothing, in publications and in software. Apple can still sell the iPhone in Brazil, but as it stands Gradiente has the option to sue for exclusivity. 

The iPhone Neo One is available for 599 reals ($304/£196.) 

Source: BBC

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Richard Devine