Brazil's patents agency, the INPI, has rejected Apple's request to register the iPhone name in the country because local company IGB Eletronica, known as Gradiente, had already bought rights to the name, the Wall Street Journal reports. Gradiente's IPHONE Neo One smartphone runs Android and costs about USD 304. Apple is appealing the decision on the grounds that Gradiente did not use the trademark with the five-year window set under Brazilian law, according to INPI. Apple would not comment on the matter. In Brazil, trademarks are awarded on a first-come, first-saved basis, even if another company has been using the name longer or brings more recognition and value to the brand. Gradiente applied for the trademark in 2000, over 6 years before Apple launched the iPhone and applied for the trademark. According to the report, Gradiente managed to release its phone weeks before the five-year window expired.
