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Apple loses Brazilian iPhone trademark ruling Apple loses Brazilian iPhone trademark ruling
(about 5 hours later)
Brazilian regulators have ruled that Apple does not have exclusive rights to use the "iPhone" trademark in the country.Brazilian regulators have ruled that Apple does not have exclusive rights to use the "iPhone" trademark in the country.
The decision is the result of a local company, Gradiente Eletronica, registering the name in 2000, seven years before the US firm. But the US tech giant has already lodged an appeal against the decision with the Brazilian regulators.
A spokesman for Apple declined to comment. The ruling is the result of a local company, Gradiente Eletronica, registering the name in 2000, seven years before the US firm.
But the Institute of Industrial Property told the BBC it understood Apple was pursuing an appeal. Apple can continue to sell iPhone-branded handsets in Brazil.
The INPI added that its decision only applied to handsets, and that the California-based company continued to have exclusive rights to use the iPhone name elsewhere including on clothing, in software and across publications. But the decision means that Gradiente has an option of suing for exclusivity in Latin America's biggest market.
Apple can also continue to sell iPhone-branded handsets in what is Latin America's biggest market - however, Gradiente has an option of suing for exclusivity. The Institute of Industrial Property (INPI) told the BBC that its decision only applied to handsets, and that the California-based company continued to have exclusive rights to use the iPhone name elsewhere including on clothing, in software and across publications.
Appeal
INPI added that Apple had argued that it should have been given full rights since Gradiente had not released a product using the iPhone name until December 2012.INPI added that Apple had argued that it should have been given full rights since Gradiente had not released a product using the iPhone name until December 2012.
Apple is asking the INPI to cancel Gradiente's registration through expiration - it is arguing that the Brazilian firm did not use the name between January 2008 and January 2013.
The Manaus-headquartered company now sells its Android-powered iPhone Neo One for 599 reals ($304; £196).The Manaus-headquartered company now sells its Android-powered iPhone Neo One for 599 reals ($304; £196).
Bloomberg previously reported that the chairman of Gradiente had said: "We're open to a dialogue for anything, anytime... we're not radicals."Bloomberg previously reported that the chairman of Gradiente had said: "We're open to a dialogue for anything, anytime... we're not radicals."
Apple's most recent financial results revealed its cash reserves had grown to $137bn (£88bn).Apple's most recent financial results revealed its cash reserves had grown to $137bn (£88bn).
The firm's manufacturing partner, Foxconn, currently produces iPhone 4 models among other equipment at its facilities in Brazil. The firm's manufacturing partner, Foxconn, currently produces iPhones and iPads among other equipment at its facilities in Brazil.