Apple has filed an appeal in Brazil following a ruling that it doesn't own the exclusive right to the trademark iPhone in the country.

Brazilian regulators the National Institute of Industrial Property (INPI) have ruled that Apple doesn't have the exclusive rights to the iPhone name in the country because Electronics company IGB who makes the Gradiente iPhone filed for the iPhone trademark in 2000 (seven years before the iPhone launched in 2007.)

As we reported yesterday, Apple has argued that it should have been given full rights to the name iPhone because Gradiente should have used the name within five years of filing it. Gradiente had not released a product using the iPhone name until December 2012

According to Reuters, Gradiente has 60 days to prove that it has been using the iPhone trademark; otherwise it may be handed back to Apple. Brands in Brazil must be developed within five years of gaining approval, notes that report, echoing Apple's sentiments.

Chairman of Gradiente Eugenio Emilio Staub has said that he is happy to talk to Apple. "We're open to a dialogue for anything, anytime. We’re not radicals," he said.

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