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Senate Democrats Ask Trump for Answers on China Trademarks

by Associated Press

   SHANGHAI --

   A group of Senate Democrats has sent a letter to U.S. President Donald
   Trump requesting information about a raft of trademark approvals from
   China this year that they say may violate the U.S. Constitution's ban
   on gifts from foreign governments.

   "China's rapid approvals after years of court battles have raised
   questions as to whether the trademarks will prevent you from standing
   up to China on behalf of American workers and their businesses," the
   eight senators, led by Michigan Democrat Debbie Stabenow and
   Connecticut Democrat Richard Blumenthal, wrote in the letter Tuesday.
   China's most recent nod for a Trump trademark, covering clothing, came
   on May 6, bringing to 40 the number of marks China has granted or
   provisionally granted to the president and a related company, DTTM
   Operations LLC, since his inauguration. If there are no objections,
   provisional approvals are formally registered after 90 days. China has
   also rejected or partially rejected nine Trump trademarks since the
   inauguration.
   Trademarks give the holder monopoly rights to a brand in a given
   market. In many jurisdictions, like China, they can also be filed
   defensively, to prevent squatters from using a name. Because trademarks
   are granted at the discretion of foreign governments and can be
   enormously valuable, they can be problematic for U.S. officials, who
   are barred by the emoluments clause of the constitution from accepting
   anything of value from foreign states without congressional approval.
   In their letter, the senators were particularly interested in any
   special efforts Trump, his Chinese lawyers, or the U.S. Embassy in
   China, which sometimes advocates for U.S. firms, may have made to
   secure approval for the president's trademarks. They cited an
   Associated Press report quoting one of Trump's lawyers in China, Spring
   Chang, who said that "government relations are an important part of
   trademark strategy in China."
   Concern about favoritism is particularly sharp in China, where the
   courts and bureaucracy are designed to reflect the will of the ruling
   Communist Party. China has defended its handling of Trump's
   intellectual property interests, saying it followed the law in
   processing his applications, though some trademark lawyers viewed the
   pace as unusually quick and well-coordinated. In addition, China
   approved one trademark for Trump-branded construction services after a
   10-year legal battle that turned in his favor only after he declared
   his candidacy.
   Alan Garten, chief legal officer of The Trump Organization, did not
   respond immediately to a request for comment. He has previously said
   that Trump's trademark activity in China predates his election and
   noted that Trump has stepped away from managing his company. However,
   the president retains an ownership stake in his global branding and
   real estate empire.
   In April, Citizens for Responsibility and Ethics in Washington, a
   watchdog group, added "gratuitous Chinese trademarks" to its lawsuit
   against the president for alleged emoluments violations. Trump has
   dismissed the suit as without merit.