China has granted preliminary approval for 38 trademarks linked to US President Donald Trump, documents from China’s state trademark office show, giving him and his family protection were they to develop the “Trump” brand in the Chinese 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 Trump, who has a sprawling worldwide business empire under his name.
Trump previously said he has handed over his business interests to a trust overseen by one of his sons and a Trump Organization executive. However, he can 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 Chinese Trademark Office of the State Administration for Industry and Commerce on Feb. 27 and on 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 City.
Some US lawmakers have raised questions about whether Trump’s position as president could prompt preferential treatment of his businesses, but trademark lawyers said 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 Wu Yongheng (吳永恒), Shanghai-based counsel for MWE China who focuses on intellectual property, adding that the general time frame for preliminary approvals is six to nine 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,” Wu said.
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 are often very broad to give the applicant the most comprehensive protection for their brand.
Three of them, related to the hotel brand Scion that Trump’s sons want to expand in the US, are not directly registered in Trump’s name, but via DTTM Operations LLC.
The preliminary approvals are open to challenge for about 90 days. Barring objections, they will be formally registered in late May and early June.
Trump and his family 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 prompted concern from politicians and rights groups who say Trump could face potential conflicts of interest related to his family’s extensive business affairs.
Trump Organization general counsel Alan Garten said in a statement the group has been actively enforcing its intellectual property rights in China for more than 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,” he said.
US Senator Ben Cardin, the ranking member on the Senate Foreign Relations Committee, called for formal briefings about the Chinese trademark approvals and on “the potential constitutional dangers that they present.”
Cardin had previously introduced a resolution demanding Trump cut his ties with the Trump Organization or risk violating the Emoluments Clause of the US constitution, which bars public servants from accepting anything of value from foreign governments unless approved by Congress.
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