Peters, Colleagues Request More Information on President Trump’s Troubling Pattern of Chinese Trademark Approvals

WASHINGTON, D.C. – U.S. Senators Gary Peters (D-Mich.), Debbie Stabenow (D-Mich.), Richard Blumenthal (D-Conn.), Elizabeth Warren (D-Mass.), Patty Murray (D-Wash.), Jack Reed (D-R.I.), Tom Udall (D-N.M.), and Cory Booker (D-N.J.) today sent a letter to President Trump asking for more information on the troubling pattern of trademark approvals by the People’s Republic of China of Trump Products, including this week’s reporting that Trump added another Chinese trademark to his portfolio.  The Senators raised the questionable timing of these trademark approvals, given Trump’s unsuccessful effort to obtain them before assuming office.

“China’s approval of your trademarks has raised concerns regarding potential violations of the Emoluments Clauses of the United States Constitution, which prohibits gifts or payments to the President by foreign governments,” wrote the Senators.  “In particular, 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 businesses.”

The Senators asked President Trump to respond to a series of questions regarding China’s approval of his trademarks by June 13, 2017. Full text of the letter is available below. 

May 30, 2017

President Donald J. Trump

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

Dear Mr. President:

We write today regarding a troubling pattern of trademark approvals by the People’s Republic of China since your election victory which has raised concerns over your potential conflicts of interest. Accordingly, we request information regarding any efforts you may have taken with the Chinese government to secure approval for these trademarks. 

On May 23^rd it was reported that China’s Trademark Office had granted you preliminary approval for a trademark related to apparel, which is the latest in a series of new trademarks granted to you by China since your election.  This most recent approval comes after China also granted several other trademarks in February 2017—shortly after you failed to name China a currency manipulator and expressed your support for a “One China” policy.

The timing of these approvals has drawn attention because your previous efforts to seek approval for certain trademarks in China were for years unsuccessful. In the past, you described spending “hundreds of thousands of dollars in legal fees” and asking for the United States to intervene in the trademark dispute with China on your behalf.  You also expressed frustration regarding China’s treatment of intellectual property rights and described the Chinese legal system as “corrupt.”

In reports related to China’s approval of your trademarks, Spring Chang, one of the attorneys that has represented you in trademark cases in China, stated that “government relations are an important part of trademark strategy in China” and that clients should “communicate closely with the government to push [their] case." In addition to working with the Chinese government, Ms. Chang reportedly also stated that she has worked with officials at the U.S. embassy in order to help her clients in trademark disputes.

As a result, China’s approval of your trademarks has raised concerns regarding potential violations of the Emoluments Clauses of the United States Constitution, which prohibits gifts or payments to the President by foreign governments.  In particular, 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 businesses.

In order to better understand the circumstances surrounding China’s approval of these trademarks, please provide responses to the following questions:

1. Please describe all trademark applications submitted in the People’s Republic of China on your behalf or on behalf of your business interests, including the dates of the applications, dates of any approvals, and any still pending.
2. What is the monetary value you or the Trump Organization assign to these trademarks? Please describe the methodology and any calculations used to obtain this valuation.
3. Did you, or anyone acting on your behalf, communicate with any representatives of the Chinese government regarding your status as President of the United States, or prior to January 20, your status as a presidential candidate or President-elect, with respect to any trademarks applications submitted on behalf of you or your business interests? If so, please describe the dates of these communications and the names and titles of the officials with whom these communications occurred.
4. Did you, or anyone acting on your behalf, employ a “government relations” strategy related to any trademarks applications submitted on behalf of you or your business interests? If so, please describe this strategy and how it was executed.
5. Did you, or anyone acting on your behalf, communicate with any representatives of the U.S. Embassy in China with respect to any trademark applications submitted on behalf of you or your business interests?  If so, please describe the dates of these communication and the names and titles of the officials with whom these communications occurred.

Please provide your responses to these questions in writing by June 13, 2017. Thank you for your attention to this matter.