Experts on country’s IP law say approvals and timing were the result of due process, Financial Times reports.
Donald Trump has basketball star Michael Jordan to thank for securing trademarks in China, legal experts in the country said on Thursday, as they played down concerns that Beijing’s decision represented a special concession to the new US president.
Mr Trump now has the right to use his own name — and prevent others from using it — in categories ranging from beauty salons and spas to hotel services and restaurants. Intellectual property lawyers say both the approvals and the timing were the result of due process and reflect progress in closing a loophole that has allowed « trademark squatters » to exploit public figures’ names.
« He was awarded the trademarks because he is already a well-known name, not because he is the US president, » said Liu Zhanlin of Yingke Law, one of China’s top IP specialists. « That’s the legacy of the Jordan case. »
Mr Jordan spent years battling the Chinese sportswear brand « Qiaodan », culminating in a ruling by China’s supreme court in January against « deceptive use » of public figures’ names. The Chinese system is based on a first-come, first-serve basis, creating a lucrative opportunity — until the Qiaodan ruling — for squatters to register famous international brands.
Authorities have granted preliminary approval for Mr Trump’s trademark in a number of sectors. However, his applications for « unlimited » use of his name and for trademarks in sectors such as mining and advertising, where he does not have business interests, were rejected.
« If all of the applications had sailed through without problems, I would have said that it appeared that Trump was being given special treatment, but this just seems like business as usual to me, » said Matthew Dresden, an expert on Chinese IP at US law firm Harris Bricken.
