Apple’s application for the trademark “iphone” will be rejected, so says the BPTO


By Daniele Madureira / Valor

The trademark application for “iPhone” on behalf of Apple will be refused in 2013. The information was given to Valor by the general coordinator of the Brazilian Patent and Trademarks Office (BPTO), Silvia Rodrigues.

According to the officer, Apple filed the application for “iPhone” in 2006, six years after the company Gradiente had filed an application for the same trademark at the BPTO.

“Brazilian intellectual property law stipulates that the first company to file the trademark application at BPTO has the right to use the name in the national territory”, says Silvia. Gradiente filed the application in 2000 and only in 2008 it was finally granted. The delay, according to the executive, was due to analysis of process on the previous use of the name iPhone. “Once the registration is granted, the company has a five-year period to begin to use the brand,” says Silvia.

That is to say, Gradient would have until 2013 to launch its “G GRADIENTE IPHONE”. The company introduced its smartphone with this name priced at £599. The product is imported from China.

As regards Apple, which officially launched its “iPhone” in 2007, there is no decision available yet, even though the application was filed at the BPTO in 2006. “The BPTO will probably analyze the application only in 2013 and it is likely that it will be rejected”, said Silvia. According to the officer, the delay on the analysis of Apple’s application was due to an objection made at the BPTO. Yet, the agency has not revealed the opponent’s name, who eventually withdrew the opposition.

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