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China grants Trump a trademark after decade

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Update: 2017-02-18 08:30:07
China grants Trump a trademark after decade Trump Tower (Photo Courtesy: trumptowerny.com)

The Chinese government has granted President Trump and his business something they had been seeking for more than a decade: trademark protection for the use of the Trump name in the construction industry.

Trump fought unsuccessfully in Chinese courts for years to try to gain control of the trademark, but his fortunes changed suddenly last year during the latter stages of his campaign for the White House, reports CNN.

China's trademark review board announced in September it had invalidated a rival claim for the Trump trademark, clearing the way for Trump to move in.

In November, soon after the election, it awarded the trademark to the Trump Organization. The trademark was officially registered this week after a three-month notice period for objections expired.

The sequence of events makes some ethics experts uncomfortable: Chinese authorities reversed their position as Trump's political star rose.

“China is going to want concessions from Mr. Trump, and this is now the first in what will be a series of efforts to influence him,” said Norman Eisen, a White House ethics counsel under President Obama.

Eisen is part of a group that has sued Trump for violating the foreign emoluments clause of the Constitution by accepting foreign payments through his business ventures.

But Trump Organization attorneys told CNN that it was simply trying to protect the Trump trademark from someone who had been improperly squatting on it, and that any accusation that President Trump could be compromised by the trademark decision granted by the Chinese government is completely baseless and shows a disregard for the facts.

It is difficult to assess the value of the new trademark. It covers construction-related services, not for Trump's core hospitality and real-estate businesses.

But even if construction-related services are not a core business for the Trump Organization, the company places a great value on anything with the Trump brand.

“The Trump brand is key to the value of the Trump Organization’s assets,” Sheri Dillon, a Trump lawyer, said last month.

China legal experts say they think Trump's political ascendancy most likely played a role in the trademark decision.

“I’ve got clients who have fought these same cases time and time again without success. For this rapid turn of events, it does seem to be more than just a coincidence,” said Dan Plane, a China intellectual property expert in Hong Kong.

“What’s striking about the Trump decision is the timing. I think it's reasonable to assume that politics played a part -- without Trump even necessarily asking for it.”

The Chinese Embassy in Washington told CNN that the case was handled in compliance with China's trademark law.

“The Chinese trademark review board does not make its decisions publicly available, so we don't know on what basis they made their decision,” said Matthew Dresden, an international trademark attorney. “I think these decisions were not made in a vacuum.”

The White House declined to comment, referring the question to the Trump Organization.

BDST: 1925 HRS, FEB 18, 2017
SR

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