<\/p>\n
The presidential elections in the United States of America have now concluded with Republican Presidential nominee Donald J. Trump winning a closely contested election.<\/p>\n
There has been a lot of speculation about IP laws and its progress under Trump\u2019s term, but unfortunately there hasn\u2019t been much information released in his agenda. Although Trump has substantial personal experience protecting and enforcing his own trademarks, including attempts to protect more controversial marks such as ‘you’re fired.’<\/p>\n
One of the recent cases being, a Chinese construction company named Liaoning Construction Company, unrelated to Trump\u2019s businesses had beaten him to the trademark just two weeks before his application.<\/p>\n
The Trademark Office had turned down Trump\u2019s application to use the trademark in the areas he had requested because it closely resembled the trademark registered by the Liaoning construction company in the category of \u201cconstruction and factory building\u201d. The services provided by both were very similar, which did not make things any better.<\/p>\n
The name Trump was very commonly used in China. The billionaire-businessman-turned-politician has registered many trademarks of his name in China and has faced a lot of issues.<\/p>\n
After the verdict,Trump had sued the trademark office of China\u2019s State Administration of Industry and Commerce for refusing to grant him the Trump trademark to use his name in \u201cconstruction\u201d and \u201cconstruction information services\u201d.<\/p>\n
This ruling was made only two days after Trump\u2019s announcement of his candidacy in the US presidential election.<\/p>\n
Trump requested a re-examination, and in February 2014 the review board stated that Trump\u2019s Trademark was too similar to Dong Wei\u2019s and it will definitely cause confusion in the minds of the consumers.The board rejected Trump\u2019s appeal that Liaoning Construction Company had wrongfully and maliciously used his mark.Then Trump filed a lawsuit against SAIC at Beijing First Intermediate People\u2019s Court, which upheld\u00a0the ruling.<\/p>\n
Several rounds later, during which Trump argued that Dong Wei was maliciously registering an existing and influential trademark, the Beijing People\u2019s High Court dismissed Trump\u2019s appeal in\u00a0a final judgment on May 18, 2015,\u00a0a month before\u00a0Mr. Trump announced his presidential run.<\/p>\n
But Trump did not give up easily, he refiled a new application for the trademark and Dong Wei\u2019s claim was invalidated.However, it seems like Trump\u2019s unprecedented success in the US presidential election is starting to make a huge difference with China\u2019s trademark officials.<\/p>\n
The application finally won provisional approval November 13th<\/sup> 2016, four days after he won the election, if no one objects during a 90-day public-notice period,\u00a0the decision will be permanent.<\/p>\n Source: 1<\/a> Image Source\/ Attribution here<\/a>. Governed BY Creative Common’s License CC BY- SA 4.<\/a>CC BY-SA 4.0<\/p>\n","protected":false},"excerpt":{"rendered":" The post explores Donald Trump’s legal journey to secure trademark rights over his name in China, detailing key disputes and court decisions. It highlights how the US presidential election influenced the outcome of his trademark application.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":9,"footnotes":""},"categories":[6,11],"tags":[1807,2267,5,6808,101,234,8419,8420],"class_list":["post-38017","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-trademarks","tag-china","tag-donald-trump","tag-intellectual-property","tag-legal-battles","tag-trademark-law","tag-trademarks-2","tag-trump","tag-us-presidential-election"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/38017","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/comments?post=38017"}],"version-history":[{"count":3,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/38017\/revisions"}],"predecessor-version":[{"id":135522,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/38017\/revisions\/135522"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=38017"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=38017"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=38017"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nAuthored\u00a0 By – Srividya Viswanathan<\/p>\n