Brazilian Supreme Court to Determine If Apple Can Continue to Use 'iPhone' Trademark in Brazil - MacRumorsOpen MenuShow RoundupsShow Forums menuVisit ForumsOpen Sidebar
Skip to Content

Brazilian Supreme Court to Determine If Apple Can Continue to Use 'iPhone' Trademark in Brazil

Apple is facing a trademark battle in Brazil as the Brazilian Supreme Court is set to determine whether Apple is allowed to use the iPhone trademark in Brazil.

gradiente iphone white
The Brazilian Supreme Court will rule on the issue following a constitutional appeal by IGB Electronica, an electronics company that registered the iPhone trademark in Brazil in 2000.

Under the name Gradiente, IGB Electronica produced a line of IPHONE-branded Android smartphones in Brazil in 2012, and there was a period of time where the Brazilian company was given exclusive rights to the iPhone trademark.

There was a trademark battle and ultimately, Apple and IGB Electronica were both provided rights to use the name in the country. Since then, there's been continual back and forth fighting with each company attempting to gain exclusive rights to the trademark, but a 2018 decision upheld a 2013 ruling that gave both brands permission to use the trademark.

Earlier this year, IGB Electronica revived the dispute in an attempt to get the 2018 decision reversed by Brazil's Supreme Federal Court, and the court has agreed to hear the case. IGB argues that allowing Apple to use the trademark first filed by IGB "punishes creativity."

"Allowing a company to claim a trademark submitted in good faith by another one punishes creativity, distorts free competition and runs over Brazilian intellectual property authorities," says IGB's lawyer Igor Mauler Santiago in the petition. He also alleges the violation of free initiative and of trademarks protection, principles expressly prescribed in the Brazilian Constitution.

Apple has claimed that it was inappropriate for the National Institute of Industrial Property to grant the trademark to Gradiente in 2008 even though it was filed in 2000 because at that point, the iPhone existed.

It's not yet clear when the Brazilian Supreme Court will hear the case and come to a decision. IGB has been struggling for years and has lost close to 1 billion Brazilian Reals since 2018, so the ultimate goal may be a payout from Apple to end the dispute. Today's press release announcing the court's decision highlights commercial deals Apple has made in other countries to acquire rights to the iPhone trademark.

Apple's Brazilian dispute comes just after news that Apple has opposed the trademark application for Prepear, a recipe and meal planning app that uses a pear for an Apple logo. Apple fears people who encounter the pear logo will associate it with Apple.

Popular Stories

Apple Objects to Keyboard Makers Logo Feature

Apple Wins EU Challenge Over Keyboard Maker's Citrus Logo

Wednesday May 6, 2026 11:48 am PDT by
Apple objected to a European trademark filing from a Chinese keyboard maker because the logo the company wanted to use was too close to Apple's own logo. The EU Intellectual Property Office (EUIPO) partially refused to grant a European Union Trade Mark after Apple opposed the filing. The company, Yichun Qinningmeng Electronics Co., makes mechanical keyboards and keycaps, according to its...
Apple Event Logo

Apple Just Released a New Accessory

Monday May 4, 2026 8:13 am PDT by
Apple today released a new Pride Edition Sport Loop for the Apple Watch. The band features a rainbow design with 11 colors of woven nylon yarns. The new Pride Edition Sport Loop is available to order now on Apple.com and in the Apple Store app in 40mm, 42mm, and 46mm sizes, and it will be available at Apple Store locations starting later this week. In the U.S., the band costs $49. There...
iOS 27 on iPhone 17 1

iOS 27 Will Add These New Features to Your iPhone

Saturday May 2, 2026 8:43 am PDT by
Apple is expected to unveil iOS 27 during its WWDC 2026 keynote on June 8, and there are already many rumored features and changes for iPhones. The first developer beta of iOS 27 will likely be available immediately following the keynote, and a public beta typically follows in July. Following beta testing, the software update should be released to all users with a compatible iPhone in...

Top Rated Comments

GeoStructural Avatar
75 months ago

I don’t know how many phones Apple sells in Brazil, but I bet the Apple Phone would sell just as well.

Let the morons have their iPhone trademark (obviously filed because of Apple’s popular iMac product line debuted in 1998).
How can you know for sure they had those intentions? This company was founded in the 60s, and its origin can be traced about 20 years before Apple even existed. They were also producing electronics when Steve Jobs was still in basic school.

They registered the brand name iPhone in 2000, 7 years before Apple released their product and they have been in the business ever since, not your average company troll.

When you say “obviously” and “popular” it is as baseless, just your conjecture. Macs are still not that prominent in Latin America, and 22 years ago in 1998 they had penetrated the market even less, Windows was (still is) king back then in Latin America.
Score: 21 Votes (Like | Disagree)
Eriamjh1138@DAN Avatar
75 months ago
I don’t know how many phones Apple sells in Brazil, but I bet the Apple Phone would sell just as well.

Let the morons have their iPhone trademark (obviously filed because of Apple’s popular iMac product line debuted in 1998).
Score: 11 Votes (Like | Disagree)
75 months ago
Lol....well this is kind of amusing after reading Apple suing some little 5 person outfit over a pear logo that looks like a pear and only a pear.
Score: 10 Votes (Like | Disagree)
SigEp265 Avatar
75 months ago
They should just pay IGB Electronica for the trademark. It's not like they can't afford it. And I'm betting IGB Electronica wouldn't mind a huge sum of money.
Score: 7 Votes (Like | Disagree)
dwaltwhit Avatar
75 months ago
Yea it seems like it wouldn’t be toooo bad to brand it as 🍎 phone in one country. I remember hearing of a pizza place in canada having copywrited the phrase “pizza pizza” so Little caesars in that region had to switch to “pizza 2 times!”
Score: 6 Votes (Like | Disagree)
araadt Avatar
75 months ago

Yah, it all depends on the amount of sales. I'm sure it wouldn't be cheap to rebrand and produce a product for one specific country. Manufacturing, branding, OS, documentation, web presence, advertising, etc all have to be specialized. It might not be worth it and be cheaper to just pull out of Brazil.
Product branding, packaging, advertising and documentation are already specialized on a per-country basis and more different than you may think. Why, here in Canada we even write things in French.
Score: 5 Votes (Like | Disagree)
Related Apple News: Entertainment | Local News | News | Politics | Opinion