The official iPhone actually runs Android - in Brazil
Apple left hurting by painful Brazilian procedure
Apple has lost the rights to the trademark "iPhone" in Brazil to a local manufacturer which makes an Android phone called the iPhone NEO. Yesterday the Brazilian Trademark and Patents Office rejected Apple's claims to the trademark "iPhone" in the category of telecoms and the category of electronic devices.
"Registration rejected due to legal conventions" reads the notice on Apple's trademark application number 829213910, which requests use of "iPhone" in class 38 for Telecommunications and was filed in November 2007.
Brazilian electronics maker Gradiente applied for the trademark "iPhone" in 2000, reports the Wall Street Journal, and was granted the rights to the trademark in 2008. However to claim the mark the company must make commercial use of it within a five year window. It took Gradiente till December 2012 to release the IPHONE Neo One, an Android handset, confirming their claim and triggering the rejection of Apple's application.
A screengrab of the rejected Apple Trademark Application for iPhone in Class 38
Apple is contesting the decision on the basis that Gradiente failed to make use of its trademark within the five year window, states the Journal.
Apple was granted the Brazilian trademark application for "iPhone" in four other categories including: Class 39, computer services; Class 41, the provision of entertainment services; Class 35 retail stores and in Class 42, computers.
Apple was refused the rights to "iPhone" in Class 38 telecoms (application number 829213910) and in Class 9 for electronic and scientific devices (application number 829272747).
Apple is in a similar tussle in Mexico where it recently lost a trademark infringement lawsuit to a Telco with a trademark on iFone. ®
COMMENTS
Re: um Steve Todd
Can you read?
The article states that Apple applied for the trademark in 2007, not 2006. It also clearly stated that the Brazilian company have 5 years to use their trademark from the date it was granted, in 2008. Which they have done. It makes no sense for them to have used the name before 2008 because it was not protected by a trademark.
The reality distorsion field seems to impare fanbois' reading ability.
Re: um
settle it once and for all - page 7 under the title "removal from register"
5 years FROM GRANT
http://www.worldtrademarkreview.com/issues/Article.ashx?g=6b64affd-73da-49c2-af3a-3cad001100f5
i have experience applying for trademarks (and copyrights as it happens) and i can categorically tell you that it is ALWAYS from grant of application not from making the application that any forfeiture kicks in - regardless of country. but since i know that "well maybe not in brazil...." will be an argument youll notice that what i sent you to read above is describing the BRAZILIAN trademark process specifically.
my god, has apple issued a version of maps for the mind?
Re: um @JDX
JDX - So you say something stupid, then when it gets a deserved negative response you respond with "Oh, I was just trolling"?
oh dear apple - boo hoo
He who trolls last trolls longest.
Re: um @JDX
Since when is common sense on the side of the company that is using someone else's trademark that they applied for 7 years before the infringing party?
