Tracy Jong’s Answers

Tracy Jong

Rochester Patent Application Attorney.

Contributor Level 6
  1. What is a geographical indicator in a trademarks? ( Examples are appreciated)

    Answered over 1 year ago.

    1. Tracy Jong
    2. Kalpana Nagampalli
    3. Catherine Fran Hoffman
    3 lawyer answers

    Geographic-related terms can be registered in many cases. The mark will be classified as descriptive, however, if the geographic area is known for the product. Think, for example, about Idaho potatoes, Florida oranges or Washington State apples. A mark cannot be deceptively misdescriptive. For example, since consumers know Florida is known for oranges, a business growing oranges in Michigan cannot protect the mark “Florida oranges.” Consumers would be misled into thinking that the oranges...

    7 lawyers agreed with this answer

  2. Hi, Why some inventors choose to don't publish their patent application when they file it?

    Answered about 1 year ago.

    1. Edward D. Robinson
    2. Bruce E. Burdick
    3. Tracy Jong
    4. Gerry J. Elman
    5. Sreenivasarao Vepachedu
    6. ···
    7 lawyer answers

    The patent application will be treated the same way by the Patent Examiner. By not publishing, you give up two rights: the ability to get patent damages before the patent issues (they are available in some circumstances when the application publishes and becomes public) and the ability to seek international patent protection.

    6 lawyers agreed with this answer

  3. My relative has three sole proprietorship companies A, B and C. Could he change C to a parent company of A and B?

    Answered over 1 year ago.

    1. Marshall C Deason Jr.
    2. Tracy Jong
    3. Alicia Simone James
    4. Douglass S Lodmell
    5. Clayton Harold Walker Jr.
    5 lawyer answers

    Yes, this is possible. It is important to understand that there is no entity yet, just 3 businesses operating as sole proprietorships. These are sometimes called "dba's". Essentially, this is trade name under which he is doing business, but there is no business separate from him as an individual. In other words, his liability and risk extends to the full value of his personal assets. Creating an entity such as a corporation or a limited liability company will shield his personal assets from...

    Selected as best answer

  4. In the patenting process how do I trust the attorney?

    Answered over 1 year ago.

    1. Ryan Connell Durham
    2. Frank Anthony Natoli
    3. Tracy Jong
    4. Jason Todd Studinski
    4 lawyer answers

    I agree with my colleagues. Trust is at the foundation of the attorney-client relationship. Personal referrals are helpful, or ask your business or family attorney for someone with a good reputation. Local colleagues can have good insight into experience and reputation of fellow attorneys. You can check to see if there any claims or client disputes involving the attorney (grievances) as well. Patent attorneys have all different personalities. Find one that has a bedside manner you like....

    5 lawyers agreed with this answer

  5. I have a friend who is a music artist who wants to protect his name. Which should he apply for a service mark or a trademark?

    Answered over 1 year ago.

    1. Judy A. Goldstein
    2. Richard T Matthews
    3. Frank Anthony Natoli
    4. Tracy Jong
    5. J Scott Scarbrough
    6. ···
    6 lawyer answers

    I agree with the responses given by my colleagues. However, I want to simplify the matter. The federal statue covering trademark actually uses the term "mark" and there is not distinction between a trademark and a service mark. I agree that he probably will have a combination of goods and services protected.

    5 lawyers agreed with this answer

  6. Would "Caribbean life" be considered a geographical indication ?

    Answered over 1 year ago.

    1. Tracy Jong
    2. Jon Kenneth Perala
    3. Alex R. Hess
    4. Daniel Nathan Ballard
    5. Maurice N Ross
    5 lawyer answers

    Geographic-related terms can be registered in many cases. The mark will be classified as descriptive, however, if the geographic area is known for the product. Think, for example, about Idaho potatoes, Florida oranges or Washington State apples. A mark cannot be deceptively misdescriptive. For example, since consumers know Florida is known for oranges, a business growing oranges in Michigan cannot protect the mark “Florida oranges.” Consumers would be misled into thinking that the oranges...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. I want to use a trademark but a company owns the rights to it but is NOT and has NEVER used the name in the sale of products

    Answered over 1 year ago.

    1. Philip Leon Marcus
    2. Tracy Jong
    3. Jon Kenneth Perala
    4. Kalpana Nagampalli
    4 lawyer answers

    I agree with this advice. I would add that an experienced attorney can look at a variety of options. You indicated that they have never sold under the name. If that is the case, and the competitor did not use the name in commerce, or as a mark, then the mark may be the subject of a cancellation proceeding. However, there a defense of excusable non-use. You'll want to more investigating to better understand the facts, potential defenses, and the chances of success. I do question if you...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Divisional application and declaration post employment and assignment

    Answered over 1 year ago.

    1. Glen Nuttall
    2. J Scott Scarbrough
    3. Tracy Jong
    4. Maurice N Ross
    4 lawyer answers

    I agree with the other attorneys. It will depend on your employmet agreement and other company contracts. I suspect that you will be obligated to sign it. Most companies that have patents will have policies covering this situation.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. When looking at trademarking a similar company name what constitutes "use" when determining who had rights to the name first?

    Answered over 1 year ago.

    1. Christopher Daniel Leroi
    2. Leonard John French Jr.
    3. Philip Leon Marcus
    4. Bruce E. Burdick
    5. Tracy Jong
    5 lawyer answers

    What is “Use” for Trademark Registration? In order for a trademark to be registered, the applicant must be using the mark in commerce on the goods and services listed in the application. We are often asked what use is, and whether the applicant can print some business cards or sell one item to someone they know and satisfy the requirement. Unfortunately, these tactics will not work. The United States no longer recognizes “token use,” a one-time use made solely to comply with the use...

    4 lawyers agreed with this answer

  10. Can i do body rub without any license of masseur? Can i just start learning this craft and make money also?

    Answered over 1 year ago.

    1. Judy A. Goldstein
    2. Tracy Jong
    3. Jack Richard Lebowitz
    3 lawyer answers

    Massage therapy requires a license in NY. Working requires an EAD. It would be very risky to undertake this path and will likely result in deportation if you are caught.

    2 lawyers agreed with this answer