Even without registration, Apple should keep iPhone name

On 13 February the Instituto Nacional da Propriedade Industrial (INPI) must publish the opinion on the application for registration of the trademark iPhone by Apple in Brazil. According to the UNITED STATES was ECONOMIC, the trend is that the Court reject the request, since the gradient is the holder of trademark iPhone in Brazil since 2008. At the end of last year, the company launched the iPhone Gradient apparatus, which initiated great debate on the subject. At first, the INPI's decision was scheduled for today, but, according to the Court, was postponed so that the opinion may be published along with other orders made by Apple. The PTO also States that, despite the delay, there is no possibility of changing the decision already taken.
Experts heard by the BRAZIL economic, even if confirm the trend of rejection of the application for registration, are small the chances that the u.s. company's businesses in Brazil are affected. "First of all, the company will have a period of 60 days to file an administrative appeal with the PTO," said Vinicius Moreira, Director of AG consulting specialized in Moreira, registration of trademarks and patents.
After this period, the American company you can also start a battle in Brazilian courts. "Certainly it will try to ensure the registry, as it was responsible for the disclosure of the name iPhone worldwide", says Fabio Ferreira Kujawski, a partner at the law firm Barretto Ferreira, Kujawski Brancher and. There is also the possibility that the Gradient set justice, asking for the removal of all iPhone brand products marketed by other companies. "A case like this would take about 10 years to complete and, on account of the size of the damage this would cause to Apple, it's hard to believe that a judge suspend the marketing in an injunction," says Matthews. Without it, the u.s. can continue to sell its products normally in the country.
By history of the two companies it is possible to imagine that an agreement will not come. To launch the iPhone in the United States, Apple was sued by Cisco, owner of record of the name in the country. The two companies have reached an agreement for use of the mark in non-competing products.
Years before, the Gradient has also had met in a position like that. When the Japanese Sony launched the Playstation video game in Brazil, the Brazilian was the owner of the record to the mark with INPI. In 2002, the companies have reached an agreement on the use of the brand by Sony. At the time, especulouse that the Japanese would have paid $ 70 million to sell video games with this name in Brazil.
If the two companies reach an agreement on the shared use of the trademark, the terms will have to be approved by INPI. "It is necessary to evaluate if the setting does not cause any type of damage to the consumer," says Matthews. Using similar equipment probably would be barred.
Look, Apple said to have no comment to make on the subject. The Gradient said have no Executive available for comment on the case.