Apple has decided to challenge the decision provided yesterday by the Institute of Industrial Property (INPI) Gradiente Eletronica that registration for the iPhone trademark in 2000 is valid, Reuters reported today, citing conversations with people in INPI.
Now that Apple has challenged the decision, Gradiente has 60 days to prove that he made use of the mark between January 2008 and January 2013. Gradiente was not allowed to use the iPhone brand until 2008. Apple launched its iPhone in Brazil 2007.Gradiente did not use the trademark iPhone until December, when the company launched a series of Android-based phones using the "iPhone" name. If it will be enough to keep Gradiente the name iPhone remains to be seen.
Although Apple has decided to plead his case with the INPI, the company has the right to settle the matter amicably. Apple did just that in early 2007 when it reached an agreement with Cisco Systems, which originally belonged to the name iPhone. Apple last year settled a lawsuit with other Proview company based in China using the iPad brand.
