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Brazil's Supreme Court Rules Over IPhone's Trade Mark

Post Time:2023-11-21 Source:europa.eu Author: Views:

The long-running dispute between Apple and Gradiente over the use of the iPhone trade mark in Brazil has been the subject of much debate. Back in 2000, seven years before Apple officially launched its famous smartphone, Gradiente, now called IGB Eletrônica, registered the trade mark "Gradiente iPhone". This registration was granted by the National Institute of Industrial Property (INPI) in 2008.

In 2013, Apple initiated proceedings for the partial cancellation of Gradiente's registration on the basis of the similarity of the names. Apple prevailed in the lower courts. However, in October 2023, the judge hearing the case at the Supreme Federal Tribunal (STF) ruled in favour of Gradiente.

The STF ruled that both Apple and Gradiente could share the trade mark, but with certain restrictions: Apple retains the right to always use "iPhone", while Gradiente can only use the term in its specific form, namely "Gradiente iPhone". Despite this partial solution in favour of Steve Jobs' company, the case is still under appeal following Gradiente's appeal and no date has been set for the final decision.