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21.07.2017

Will Trump be convicted for violating the USА Constitution?

IN SPRING OF THIS YEAR, THE CHINESE PATENT OFFICE APPROVED ABOUT 40 TRADEMARKS IN THE NAME OF DONALD TRUMP. THIS CAUSED A STORM OF INDIGNATION AND QUESTIONED THE ISSUE OF ETHICS OF THE AMERICAN PRESIDENT.

The US Constitution prohibits, without the consent of Congress, accepting any offering, reward, occupation or title of any kind from any foreign state.

Article I.Section 9, 8: No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Ethics lawyers in the political sphere say that if Trump gets any special treatment for protecting trademark rights, it will violate the US Constitution, which prohibits public officials to accept anything valuable from foreign governments unless it is approved.

The indignation was caused by the fact that the registration procedure for these signs was carried out too quickly in comparison with the usual registrations. In addition, before accepting the post of President, Trump had been experiencing problems with the registration of some trademarks in China. However, mentioned problematic trademarks were registered after Trump became president.

Many lawyers of intellectual property companies in China and Hong Kong state that they have never seen so many applications that were approved so quickly and that they would not refuse such a fast service for their clients.

It stands to mention that in China there is a practice of registering trademarks for the purpose of protection against squatters, even if they are not intended to be used in the near future. And such actions are not causeless. In China, the practice of registering signs with subsequent extortion of large sums for them is more common, and this often extends to already well-known signs in the world, but still not famous in the Chinese market.

This is exactly what Trump lawyers say, that they have made active efforts to protect their brand in China and that registration of trademarks is aimed at protecting the brand from the squatters.

However, it should be noted that in China (as in Ukraine) there is the possibility of early termination of the certificate for a trademark in case it is not used in the declared classes within 3 years from the date of registration. This is stated in art. 49 of the Law on Trademarks of the People‘s Republic of China.

Article 49 : Where a registered trademark has become the generic name of the goods for which its use is approved or a registered trademark has not been put in use for three consecutive years without a justifiable reason, any entity or individual may apply to the trademark office for revocation of the registered trademark, and the trademark office shall make a decision within nine months upon the receipt of the application.

Trump‘s trademarks are filed in a wide variety of classes, including resorts, massage parlors, golf clubs, hotels, insurance companies, financial and real estate companies, retail stores, restaurants, bars, bodyguards and escort services, although it is not clear whether all of them will really be used in China. The total number of brands owned by Donald Trump in China is more than 100.

The above-mentioned 40 registrations aroused public outrage and served as a subject for numerous suits in court regarding the ethics of the president.

Anyway, Trump is really right, that in China it is just necessary to protect your brands, even if you do not already carry out entrepreneurial activities on its territory. After all, China can be truly called an abode for violating the rights to trademarks.

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