China gives greenlight to dozens of Trump
trademarks
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[March 09, 2017]
By Adam Jourdan and Eric Walsh
SHANGHAI/WASHINGTON (Reuters) - China has
granted preliminary approval for 38 trademarks linked to Donald Trump,
documents on China's state trademark office show, giving the U.S.
President and his family protection were they to develop the "Trump"
brand in the market.
The trademarks - which in theory cover a wide sweep of businesses from
hotels to mobile libraries and escorts - underline the complexities and
potential concerns over conflicts of interest facing President Trump,
who has a sprawling business empire using the Trump name around the
world.
Trump, a wealthy real estate developer, has previously said he has
handed over his business interests to a trust overseen by one of his
sons and a Trump Organization executive. He can, however, revoke the
trust at will and, as its sole beneficiary, remains linked to it
financially.
The trademarks - mostly variations in English and Chinese on the name
"Donald Trump" - were given preliminary approval in two lists published
on the Trademark Office of the State Administration for Industry and
Commerce on Feb. 27 and Monday.
Trump's lawyers applied for the trademarks in April last year, mostly
registered to "Donald J. Trump" and listing to the address of Trump
Tower on Fifth Avenue in New York.
Some U.S. law makers have raised questions about whether Trump's
position as President could prompt preferential treatment of his
businesses. Trademark lawyers, however, said that the approval process
did not seem that unusual.
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"If they were filed in April last year and just now approved, it's
fairly normal," said Yong Heng Wu, Shanghai-based counsel for MWE China
focused on intellectual property, adding the general timeframe for
preliminary approvals was 6-9 months.
"I think the reason why people are paying so much attention to Donald
Trump trademarks now is because he became the President of the most
powerful country in the world."
The trademarks cover business areas including branded spas, massage
parlors, golf clubs, hotels, insurance, finance and real estate
companies, retail shops, restaurants, bars, bodyguards and escort
services.
Intellectual property lawyers said trademark applications were often
very broad to give the applicant the most comprehensive protection for
their brand.
Three of them, related to hotel brand Scion that Trump's sons want to
expand in the United States, are not directly registered in the
President's name but via DTTM Operations LLC. The three are also listed
to the Trump Tower address.
Asked about the approvals, Chinese Foreign Ministry spokesman Geng
Shuang said China had always "equally" protected trademarks for Chinese
and foreign companies, adding that the approvals process had been
carried out in line with the law.
POLITICS AND BUSINESS
The preliminary approvals are open to be challenged for around a 90-day
period. Barring objections they will be formally registered in late May
and early June respectively.
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The Trump Tower logo is pictured in New York, U.S., May 23, 2016.
REUTERS/Carlo Allegri/File Photo
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Trump and his family, like many business owners, hold trademarks
around the world, from business sectors such as apparel in the
Philippines to golf clubs in Australia and property in Japan and
South Korea.
These ties between politics and business have, however, prompted
concern from politicians and rights groups who say the President
could face potential conflicts of interest related to the extensive
business affairs of his family.
Alan Garten, general counsel for the Trump Organization, said in a
statement the group had been actively enforcing its intellectual
property rights in China for over a decade.
"The latest registrations are a natural result of those
long-standing, diligent efforts, and any suggestion to the contrary
demonstrates a complete disregard of the facts as well as a lack of
understanding of international trademark law."
Democratic Senator Ben Cardin, the ranking member on the U.S. Senate
Foreign Relations Committee, called for formal briefings about the
Chinese trademark approvals and on "the potential constitutional
dangers that they present."
Cardin has previously introduced a resolution demanding Trump cut
his ties with the Trump Organization or risk violating the
Emoluments Clause of the Constitution, which bars public servants
from accepting anything of value from foreign governments unless
approved by Congress.
Chang Tsi & Partners, listed as acting on behalf of Trump's team for
the China trademark applications, did not immediately respond to
Reuters' request for comment on the approvals.
Trump received a single trademark approval last month in China for
Trump-branded construction services, following a 10-year legal
battle.
The Associated Press earlier reported the approvals.
(Additional reporting by Ben Blanchard in BEIJING, Heekyong Yang in
SEOUL, Sam Nussey in TOKYO and Neil Jerome Morales in HANOI and
Byron Kaye in SYDNEY; Editing by James Dalgleish and Clarence
Fernandez)
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