Skip to main content

Apple loses right to iPhone name in...

By Ramy Inocencio, for CNN
February 14, 2013 -- Updated 0811 GMT (1611 HKT)
Apple has lost the right in Brazil to market its smartphones under the
Apple has lost the right in Brazil to market its smartphones under the "iPhone" name
STORY HIGHLIGHTS
  • Apple loses right to iPhone trademark in Brazil
  • Brazil patent regulator affirms local tech firm owns exclusive rights through 2018
  • Brazilian firm Gradiente Eletronica debuted "iphone Neo One" December 2012
  • Apple has endured past trademark problems in China, Japan, U.S.

Hong Kong (CNN) -- When it comes to buying an iPhone in Brazil, consumers have one extra option that the rest of us do not.

There's the "iPhone" made by the California tech giant Apple. Then there's the "iphone" made by the Brazilian firm Gradiente Eletronica and, perhaps in a slap to Apple, runs on rival Android's operating system.

And it's going to stay that way pending any future appeal or settlement.

On Thursday, Brazil's Institute of Industry Property (INPI), the country's main patent regulator, ruled that Apple holds no exclusive right to use the iPhone moniker to market its mobile phones. If Apple continues to use the iPhone name, Gradiente can sue.

Apple CEO remains confident with company
Obama: Apple will make Macs in the U.S.
Investors sour on Apple

INIP added that Gradiente Eletronica holds exclusive rights to the trademark though 2018 after having registered for the iPhone name in 2000. Apple only unveiled its iPhone name in 2007.

Apple may have gotten a bruising but an appeal is in the works. And in a twist on timing that Apple hopes may help it win branding rights, Gradiente Eletronica only launched its first "iphone", the iphone Neo One, in December 2012 -- five years after Apple debuted its inaugural iPhone. Gradiente explained it held back on releasing its own iphone until recently as it concluded corporate restructuring from 2008.

Apple's trademark trouble in Latin America's most populous country is just the latest in a series of global snafus that have spanned China, Japan and the United States.

Just days after Apple announced its first iPhone in January 2007, Cisco Systems sued the company in U.S. federal court saying it had owned trademark rights since 2000. Apple and Cisco agreed to a settlement the following month that allowed both companies use of the iPhone name.

In 2009, Apple paid Proview Taiwan a sum of $55,000 for use of the "iPad" name in mainland China. But in a complicated dispute, Proview claimed Apple set up a shell company to fool it into selling the trademark. In addition, Proview Taiwan did not actually own the rights to the iPad trademark in mainland China -- a subsidiary, Proview Shenzhen, did. Apple only secured the name in 2012 after paying out the actual trademark owner $60 million.

And in 2010, Apple secured the iPad trademark in the United States from Japanese electronics maker Fujitsu which had registered the name in the U.S. in 2003. According to the U.S. Patent and Trademark Office, the title transfer was recorded on March 17, 2010, five days after Apple began pre-selling its first iPad.

ADVERTISEMENT
Part of complete coverage on
April 22, 2013 -- Updated 0647 GMT (1447 HKT)
Twitter resumes -- or "twesumes" -- have been touted as the best way for social media-savvy types to snag a dream job.
April 17, 2013 -- Updated 0800 GMT (1600 HKT)
We live in a three-speed economic world, according to the International Monetary Fund.
April 17, 2013 -- Updated 1627 GMT (0027 HKT)
Women have long dominated the heated discussion around gender equality. But men need to too, says Facebook's Sheryl Sandberg.
April 19, 2013 -- Updated 1053 GMT (1853 HKT)
Security threats from mobile malware are on the rise and nearly 95% of targets operate on the Android operating system, according to a new report from NQ Mobile.
April 15, 2013 -- Updated 2006 GMT (0406 HKT)
Microsoft is working on a touch-enabled smartwatch, The Wall Street Journal says, reporting that the company asked Asian suppliers to ship components for the device.
April 19, 2013 -- Updated 0647 GMT (1447 HKT)
Give your anxious, negative colleagues a chance, and they just might surprise you.
April 17, 2013 -- Updated 1046 GMT (1846 HKT)
In Europe, high-speed rail has come to stand for ease and efficiency where journeys of four hours or less trump airplanes and the hassle of airport security.
April 19, 2013 -- Updated 1812 GMT (0212 HKT)
Infographic: Singapore may be tiny but it is also one of East Asia's most powerful trading hubs.
April 22, 2013 -- Updated 0027 GMT (0827 HKT)
In Hong Kong urban lore, an apartment where a violent death took place can often be bought for as much as 10-30 per cent off the market price.
April 16, 2013 -- Updated 1605 GMT (0005 HKT)
With gold prices officially in a bear market, investors must ask themselves if this is the time to buy?
ADVERTISEMENT