Ten Year Legal Battle in China Over Trump Trademark Still Unresolved

Ten Year Legal Battle in China Over Trump Trademark Still Unresolved
Nov 22, 2016 By eChinacities.com

Editor’s Note: United States president-elect Donald Trump has been involved in a legal battle over the TRUMP trademark in China for almost ten years. Trump was rejected for the trademark after a Chinese man applied for it 14 days before his company did. The fight has since gone through two review committees and two Beijing courts.

An ongoing trademark lawsuit in China involves President-elect of the United States Donald Trump. Should this be a cause for concern?

14 Days Too Late
Trump’s company applied to register a trademark for “TRUMP” in 2016. The application has been rejected twice by China’s State Administration for Industry and Commerce’s Trademark Office. Trump was rejected because a man named Dong Wei had registered the trademark 14 days before Trump first applied. Trump has since filed multiple appeals to have the decision overturned, but has been unsuccessful so far.

Trump applied for the trademark again after he was elected as the president of the United States. On November 13, Trump’s legal representatives in China reapplied for the “TRUMP” trademark. Lawyer Zhou Dandan told Chinese media on November 16 that Dong Wei’s claim to the trademark was no longer valid.

Official documents show that Trump first filed to trademark “TRUMP” with the Trademark Office on December 7, 2006. The trademarked logo would be used in commercial, residential, and hotel properties. 14 days prior, on November 24, 2006, a man named Dong Wei had filed a trademark registration for “TRUMP” as a logo for construction services. Both applications fell under the same class, and Trump’s application was blocked and rejected on January 20.

Documents show that Trump’s company was rejected again for the trademark on the same grounds on November 30, 2009. Trump refused to accept the outcome, and filed for a review of the case in December. The Review and Adjudication Committee examined the case and upheld the Trademark Office’s original decision on February 10, 2010.

Taking It to Court
Trump then brought the case to the Beijing First Intermediate People’s Court for a new ruling. The court ruled to uphold the Trademark Review Committee’s decision and dismiss the case.

Trump still refused to accept the decision, and filed a case with the Beijing Higher People’s Court. His legal representation gave two reasons for the appeal. The first reason is that the “TRUMP” trademark is prominently displayed on Trump’s properties and highly recognized, and not having it trademarked is a violation of Chinese law. Second, Trump’s legal representation claimed that Dong Wei registered the trademark with a malicious intent, knowing that the Trump company would want to claim it.

Trump’s appeal to the Beijing People’s Higher Court was dismissed and the court said that Dong Wei’s claim to the trademark was still valid. The original verdict was upheld by the Higher Court on May 18, 2015.

Dong Wei had registered the trademark in Class 37. This is the same class that Trump’s company wanted to use the trademark for. “TRUMP” has been registered in China in 30 different classes of trademarks by other companies and individuals.

Dong Wei and Donald Trump are the only applications for the trademark for Class 37. Trump’s company has over 85 trademarks already registered in the class including “Trump International,” “Trump Plaza,” and “Trump Real Estate.”

“We accept the Beijing People’s Higher Court’s final ruling on the “TRUMP” trademark, as well as the decisions made by The Trademark Office, The Review Committee and the Beijing First Intermediate People’s Court,” said Zhou Dandan.

A Trump Victory?
Zhou Dandan said that in June 2015, the Review Committee ruled that Dong Wei’s registered trademark was an invalid declaration. In September 2016, the Review Committee partially invalidated Dong Wei’s “TRUMP” trademark for eight of its registered uses. The trademark can now only be used by Dong Wei’s company for drilling and mining services.

“Now that the legal barriers have been eliminated, we will reapply for the trademark for 37 related services,” said Zhou Dandan. The company filed a preliminary notice on November 13, 2016. “If no one files an objection, we will be allowed to register for the trademark in three months.”

“Trademark law states that others avoid applying for trademarks for names or terms with a high degree or prominence and visibility,” said Zhou Dandan. He said that others applying for the “TRUMP” trademark will most likely not be approved, especially because of Trump’s recent election victory. “He should be able to protect his own name,” said Zhou Dandan.

A number of Chinese trademark agencies have confirmed that others have been unable to apply to register the “TRUMP” trademark. Applications may be successful in other categories, but not in Class 37.

After Trump’s election victory, “some media sources misinterpreted the case and we want to clarify it,” said Zhou Dandan. Zhou Dandan stated the new trademark application was made in full compliance with the relevant laws.

Source: QQ News

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Keywords: Trump China Trump Trademark China

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