Brands Update: phoning Brazil?

The 25th Lower Federal Court of the City of Rio de Janeiro has issued its decision in the conflict relating to the trademark IPHONE. The Brazilian electronics manufacturer Gradiente filed an application for the above mark on the right in March 2000, which was registered by the Brazilian Patent and Trademark Office (INPI) in January 2008, when Apple’s iPhone mark was already well known worldwide.

Apple applied to declare invalid Gradiente’s trademark. It claimed that, in addition to the importance and recognition of its iPhone, the expression iPhone was descriptive, meaning any phone with access to the internet, and therefore should have been granted by the INPI under the condition that no exclusivity would rely over the iPhone word…

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