Has Chinese law rejected Trump’s ‘Trump Trademark appeal’?
Thank Heaven! The president’s legendary jingle “YOU’RE FIRED” is no more owned by him exclusively. Had it been granted, Trump would have poker played against the world Fir-ing anything and everything.
Did this rejection make him, any humble?
‘Appealing’ is the new catchword associated with Trump. He has been appealing in Chinese Trademark Court for one more than a decade. He is appealing to the trademark rights to his name ‘TRUMP’.
A decade old matter coming to life now?
It all got hyped when in 2016, Trump applied to trademark his name in Construction Business. However, ended up tasting the dust. Chinese Court rejected his humble appeal on the grounds that another Chinese Businessman had applied for the Trademark name Trump before, in the construction round.
Even China’s Great Firewall could not prevent Trump’s Obsession. A Chinese businessman owns the trademark to the Trump’s name! How did that happen? In China, Trump is applied to everything and anything. Trademark Laws in China are not as transparent as it seems. They are applied with Chinese characteristics. There are ‘n’ number of ill faith trademarks recorded in the books.
iPhone, the first thing which strikes the psyche is Apple. However, unlike the world, for China it is a Leather Bag. A Leather Goods Manufacturer, Intong Tiandi, in 2007 got the name, iPhone trademarked for being used on its leather goods produced. Apple lost its stand on the grounds that, until 2009, the smartphone was not officially sold in China.
In China, there is a First to File System. It propagates that you own a Trademark if you are the first to complete the legal paperwork.
If you ever travel to China from U.S., you will never end up missing your President. There are around 225 Trademarks with the name “TRUMP”, including Trump Toilets, Trump Condoms, Trump Pacemaker and even “Trump International Hotel”.
There are over 40 businesses who have used the Chinese characters in Trump in company registrations. Guess What? All of them owned by other people, and it has nothing to do with the real TRUMP.
It is disheartening for the Trump Organisation. Their business model is to engrave the name ‘Trump’ on things from Building to the magazine to chocolates or vodka. It has a wide scope of coverage to manage a brand image across the globe. They allegedly lodged suits in China to recover all 225 of them.
Trump did Triumph
This February, China gave in easy. Trademark office accepted Trump’s appeal to trademark ‘Trump” for Construction Business in China. Also, 35 Trump trademarks received preliminary approvals. These businesses ranged from Mining to Hotels to Golf Courses to Insurance to Bodyguard to Escort Services. Yes, you heard it right, Escort services!
In order to prevent someone else from setting up such business with his name, they pre-emptively registered the same. The Chinese government also provided protection to Trump name, in English along with two famous Chinese translations of his name. With such victories, Trump Organisations are on the front foot to battle Trump knockoffs. ‘Controversy’ is another name associated with Trump.
How can this news not qualify for the Controversy check:
Chinese Trademark Courts are mostly controlled by Chinese Communist Parties, so the ruling decision had to come from the higher authorities. Some news channels did fret that the victory was a development of a telephonic conversation between the bureaucrats.
Imagine, the president calling up China and saying we can share a bright future together if you return my name back! Duh!
Donald Trump publically announced to vest his assets into a TRUST and relinquish all ties with his business to his Two Adult Sons, to avoid any further controversies, regarding violation of the Emoluments Clause of the U.S Constitution. Trump can practically have no influence over it until he vacates his office. Practically it did take a decade in the making!
Even if the China looks at it as a Tit for Tat Treaty. You never know if Trump instead of feeling obligated feels the world has finally learnt to respect his strong leadership. Moreover, the real credit goes to the Trademark Reforms initiating in China. In January, the Supreme People’s Court released regulations to restrict the use of names of public figures from politics or culture.
Time will tell if it was a real Eye to Eye Trade-off or mere Modesty.
Nimisha Gupta has an unleashed zest for everything creative. Is a budding writer, inspired from coffee beans to pen down, when the world sleeps. It’s not about the destination rather the journey. #Musicbuff #Coffeeholic #ChocoManiac #Trailblazer..