Intellectual Property Law in Brazil

Apple Loses Brazilian iPhone Trademark Ruling  February 14, 2013 – 01:01 am
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SÃO PAULO—Brazilian regulators on Wednesday rejected Apple Inc.’s AAPL -0.19%request to register the iPhone name in that country, setting up a potentially costly legal dispute in one of the world’s fastest-growing smartphone markets.

The agency overseeing patents in Brazil said Wednesday it denied Apple’s trademark application because Brazilian electronics maker IGB Eletrônica SA, better known by its brand name Gradiente, already owned rights to the name.

Marcelo Chimento, spokesman for Brazil’s National Institute of Industrial Property, or INPI, said Apple is contesting the decision, charging that Gradiente failed to make use of the trademark within a five-year window, as required by Brazilian trademark law. An Apple spokeswoman declined to comment.

Unlike in the U.S., Brazilian trademark regulations stipulate that registrations be rewarded on a first-come, first-served basis, regardless of which party used the trademark first, or which party brings more value and recognition to the brand.

Source: Nomad Agency

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Thank you part one

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