China gives green light to dozens of Trump trademarks
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.
"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.
Mr. 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.
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