Nearly 13 years have passed since the first iPhone was launched, and the "iPhone" brand has taken root all over the world. Meanwhile, it is reported that a local company appealed to the Supreme Court over the exclusive right to use the "iPhone" trademark in Brazil.
IGB Electronica, which owns the Brazilian consumer electronics manufacturer Gradiente, applied for the trademark "IPHONE" locally in 2000. We actually won the trademark right in 2008, even after the first iPhone was already on sale.
After that, IGB released the Android terminal "Gradiente iphone" in December 2012. Based on that fact, IGB's claim of exclusive use right was recognized by the Brazilian industrial goods industry [INPI], and Apple's iPhone trademark registration was once dismissed.
However, when Apple appealed this decision, it appealed in September 2013.Judgment dismissing IGB claimWas given. However, this judgment"Apple and IGB need to share iPhone trademark in Brazil"And IGB was not eliminated.
So, in the same year, Apple requested INPI to cancel the trademark registration of IGB Electronica. From there, the legal battle began again, and in 2018, a lower court decision was again granted to allow both companies to use the "iPhone" brand. The appeal to the Supreme Court was made by IGB, who dissatisfied with it and sought exclusive use rights.
IGB, which had previously applied and registered for the IPHONE brand in Brazil, can ask for exclusive use rights [aside from commercial gain], but it should be noted that Apple has exclusive use of trademark rights I think I'm particular about it.
For example, in Japan, the largest intercom company Aiphone reached a "friendly agreement" with Apple regarding trademark registration of "iPhone" in 2008.Announce.. One theory is that Apple negotiated to give up its trademark registration and negotiated to obtain exclusive use rights from Aiphone.