Trump applied for registration of more than 80 trademarks in China, and also lost the competition for English trademarks.

Trump applied for a trademark in China

"Trump" trademark registered by Dong.

Beijing Youth Daily reported on November 15th that on November 9th, Beijing time, US Republican presidential candidate Donald Trump (also translated as Donald Trump) successfully defeated Democratic presidential candidate Hillary Clinton and was elected as the 58th (45th) president of the United States. As early as 2006, real estate tycoon and billionaire TRUMP began to use his English name "Trump", Chinese translation name "Trump" and "Trump" for trademark registration. Meanwhile, in 2006, when TRUMP was preparing to apply for English Trump as a trademark in China, he found that the trademark had been registered. In order to compete for the trademark right of his name in China, Trump sued the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce in Beijing last year, and was finally defeated.

The trademark "TRUMP" was registered in China.

Beijing Youth Daily reporter found that on August 26th, 2015, China Judgment Document Network published a judicial document named Donna Trump and Other Administrative Judgments of Second Instance of Trademark Review and Adjudication Board of State Administration for Industry and Commerce of the People’s Republic of China.

According to the judgment, on December 7, 2006, TRUMP applied to the Trademark Office of the State Administration for Industry and Commerce for registration of the "Trump" trademark, which was designated for use in the interior decoration, repair and other services of the 37th commercial, residential and hotel real estate. However, ten days before Trump filed his application, Dong had filed a "Trump" registration application with the Trademark Office of the State Administration for Industry and Commerce, which was approved for use in the 37th kind of construction supervision and other services. The exclusive right to use the trademark will expire on January 20, 2020.

Three years after Trump filed the application, on November 30, 2009, the Trademark Office of the State Administration for Industry and Commerce made a notice of partial rejection of the trademark, and provided the registered trademark proposed by Trump with building information of commercial, residential and hotel real estate; The service "Building Information of Commercial, Residential and Hotel Real Estate" was rejected.

Subsequently, Trump filed a review request with the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce. The Trademark Review and Adjudication Board made a decision in 2014 that the trademark applied by Trump himself was consistent with the trademark applied by Dong in terms of letter composition and calling, which constituted a similar trademark; The construction of "commercial, residential and hotel real estate" designated by the trademark application; The service of providing building information for commercial, residential and hotel real estate is similar to the service of "building and factory construction" approved by citing trademarks. If the two trademarks coexist in the market, consumers will easily confuse and misunderstand the source of the service, which constitutes an approximate trademark used in similar services.

Donald Trump said that "citing the trademark owner to apply for registration of Donald Trump’s name as a trademark without permission, which damaged the name right of others" should be within the scope of the case, and the Trademark Review and Adjudication Board will not hear it.

The prosecutor’s judge lost the final judgment.

After the application was rejected again, Trump filed an administrative lawsuit and sued the Trademark Review and Adjudication Board to the Beijing No.1 Intermediate People’s Court. After trial, the No.1 Intermediate People’s Court held that the decision made by the Trademark Review and Adjudication Board was clear and the applicable law was correct, and the court decided to uphold the decision of the Trademark Review and Adjudication Board.

Trump refused to accept the judgment of the First Intermediate People’s Court and appealed to the Beijing High Court, requesting to revoke the original judgment and the decision made by the Trademark Review and Adjudication Board, and ordered the Trademark Review and Adjudication Board to make a re-examination decision. He believes that the "TRUMP" trademark he applied for is extremely significant and well-known, and the trademark registered by Dong is a malicious cybersquatting of his trademark.

Upon trial, the Beijing Higher People’s Court found that the facts were clear in the judgment of the original trial, supported by evidence such as the file of trademark application, the file of trademark citation and the notice of partial rejection of trademark, and the evidence was sufficient and accepted properly, and confirmed the facts ascertained by the court of original trial.

The Beijing Higher People’s Court believes that the focus of the dispute in this case is whether the trademark applied by Trump and the trademark registered by Dong are similar trademarks. The two trademarks are consistent in letter composition and calling; Moreover, the service designated by Trump’s trademark application and the service approved by Dong’s registered trademark belong to similar services. If the two trademarks coexist in the market, it is easy for consumers to confuse and misunderstand the source of the service, which has constituted an approximate trademark used in similar services.

On May 18, 2015, the Beijing High Court made a final judgment on the case, dismissed Trump’s appeal and upheld the original judgment. 1. The acceptance fee for the second instance case is RMB 100 yuan, which shall be borne by Trump (paid).

He applied for more than 80 trademarks in China.

As a well-known entrepreneur in the United States, Trump is also an out-and-out "trademark madman".

In China, Trump first registered a trademark in 2005. The reporter of Beiqing Daily used the applicant "Donna Trump" as a keyword to query the China Trademark Network. The query results showed that Trump registered five trademarks in 2005. In 2006, Trump registered a large number of service and product trademarks about Trump International Hotel Building, Trump Real Estate, Trump Tower, Trump Plaza and Trump International Golf Club. In June 2015, Trump officially announced his bid for the 2016 US presidential election. In that year, more than 40 trademarks of DONALD TRUMP, donald trump, TRUMP, Donald Trump and Trump were registered.

The reporter of Beiqing Daily found that up to now, there are 82 records of TRUMP’s trademark application, of which 78 are valid trademarks. Besides Trump, the trademark names include donald trump, Trump, Trump International Golf Club, Trump Plaza and Trump International Hotel Building, which involve insurance, finance, education and other industries. Most of these trademarks were applied earlier, and a small number of them were applied in the past two years. Most of the trademarks have been authorized.

Expert opinion

Once the trademark application is approved, it can be used.

In addition to Dong’s registration of the "TRUMP" trademark in 2006, the reporter of Beiqing Daily found that many domestic enterprises also use Trump, Trump, Trump and other trademarks.

For example, the registered trademark of an enterprise in Foshan, Guangdong Province is also "TRUMP", which deals in fuel, volatile mixed fuel, volatile fuel mixture, gasoline, crude gasoline, etc. An investment consultant company in Shanghai, whose registered trademark is TRUMP, is engaged in firecrackers, fireworks, personal protective spray and so on.

The reporter of Beiqing Daily searched in the Trademark Office with Trump as the trademark name and found that there were 15 search records in total, while there were 12 search records when searching with Trump as the name. Through the search, the reporter of Beiqing Daily also found that since 2015, many enterprises or individuals have submitted trademarks containing the word "Trump" to the Trademark Office, but they were basically rejected by the Trademark Office.

Wang Jianbing, a partner of Beijing Oriental Huizhong Intellectual Property Office, said that according to the principle of domestic trademark classification protection, if the other party applies for 43 kinds of trademarks, it is infringement to use similar trademarks. For example, Trump registered a hotel, and if someone uses Trump trademarks in the hotel without permission, it will infringe his trademark rights.

For domestic enterprises that use Trump’s trademark, Wang Jianbing said that as long as the trademark application is passed, it can be used, which has nothing to do with whether Trump is elected president of the United States. For example, Dong registered his trademark two months earlier than Trump. At that time, Trump was just a businessman and didn’t have that great popularity. Dong’s registration was normal, so it can’t be regarded as malicious cybersquatting. But if Trump wants to apply for a trademark in his name after he becomes president of the United States, then he can’t, and the Trademark Office will generally reject it.

(The original title is "Trump applied for registration of more than 80 trademarks in China. In 2006, when he applied for an English trademark, he was found to have been squatted. Last year, the Trademark Review and Adjudication Board lost the case.")