Thursday, February 14, 2013

Brazil rules against Apple in the Struggle for iPhone Brand

A few days ago we mentioned that Apple may struggle to continue using the iPhone brand in Brazilian territory and is that a local company had beaten him at the time of registering the mark (it was registered in 1998). At that time we did not know would happen, because the commission decide the matter had not yet issued its verdict. Now no response and it seems that Apple has not sat too well.

iphone 5 Brasil Falla en Contra de Apple en la Lucha por la Marca iPhone

The Brazilian Institute of Intellectual Property has decided that both companies can use the iPhone brand to market their products in the Brazilian territory. Of course, this answer does not apply to Apple as it may cause confusion to potential buyers, so it has already announced that it will appeal the decision.

The Cupertino company is that the company will shield that until now had exclusive rights to the iPhone trademark, did not use the name on any product in the five years following registration. This term be marked by law and should not give the brand use is lost and any company can use.

At present, the Brazilian company is using the brand itself. Specifically is marketing the G-Gradient iPhone, a smartphone with Android operating system. Previously the handset was marketed as Neo-One, but after the last redesign decided to rename.

gradiente iphone Brasil Falla en Contra de Apple en la Lucha por la Marca iPhone

To our knowledge, the Brazilian company now has 60 days to prove that the five years before the laws, had launched a product under the trademark iPhone, otherwise you risk losing the brand and have to give rights to Apple.

Not the first time I take a brand of a global

Apparently this Brazilian company already made a similar move in the past with the PlayStation brand. After registering it and see that Sony had decided to start using that brand worldwide, decided to sell the brand to the Japanese manufacturer. A movement that all you can find really is "easy money".

Now we wait and see how things develop, we may see an interesting fight on this front. What is clear is that Apple can not be a happy employee just being an Android device marketed under the brand of one of its most popular product, the iPhone.

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