Tracy Jong’s Answers

Tracy Jong

Rochester Patent Application Attorney.

Contributor Level 6
  1. Advice needed for business visa

    Answered almost 2 years ago.

    1. Tracy Jong
    2. Ian Edmund Scott
    2 lawyer answers

    You have not provided much information but I would direct you to the E and L visas. To work in the U.S., you need an employment visa, which will allow you to legally come to the U.S. on a temporary basis. Generally, you need your prospective employer to file a nonimmigrant petition on your behalf with USCIS. Below is detailed information about the more common employment visa classifications. There is also the option to invest money in a U.S. business instead of working at one. There must be...

    2 lawyers agreed with this answer

  2. The proposed name for my business is "Fashion Driven". Someone has "Driven" trademarked. How can I use this phrase?

    Answered almost 2 years ago.

    1. Tracy Jong
    2. Daniel Nathan Ballard
    3. Edward David Smith
    4. Tudor F Capusan
    5. Kalpana Nagampalli
    5 lawyer answers

    Each mark is evaluated under the test of consumer confusion. Thus, the first question to ask is whether there is a liklihood that if a customer saw your fashion driven mark, he or she might be confused into thinking there was some association with the driven mark. Many factors are evaluated in making this determination. The first, is a comparison of the products and services involved. Are they related in some way? One example I use often is 9 Lives. There is a battery and a cat food both...

    2 lawyers agreed with this answer

  3. U.S. Patents: Can a Company alter mass produced equipment without notifying the patent office of the change?

    Answered almost 2 years ago.

    1. Ryan Connell Durham
    2. Clark AD Wilson
    3. Xavier S Pillai
    4. Tracy Jong
    5. Maurice N Ross
    5 lawyer answers

    I agree with the other answers. I would add that the issue of product liability has nothing to do with the patent issues. If you constructed it according to the design specifications, it is likely that the design defect liability would reside with the designer (not you as the manufacturer). If the manufacturing was inconsistent or defective (deviating from the specifications), the manufacturing defect probably is with the manufacturer. If the patent is already issued, the revised commercial...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can you get a patent if you better an existing idea

    Answered almost 2 years ago.

    1. Hong Shen
    2. Gerry J. Elman
    3. Dariush G. Adli
    4. Tracy Jong
    5. Bruce E. Burdick
    6. ···
    6 lawyer answers

    Yes, if the improvement is novel and nonobvious. There are several legal strategies that can be used as a patentability strategy.To overcome obviousness, you will need to show that the combination does more than simply provide the known advantages of each component before you "duct taped" them together. In the combination, the component parts must serve a different function or provide a new advantage that was not present when the component was used alone. You might also be able to show that...

    3 lawyers agreed with this answer

  5. Do i need a trademark attorney?

    Answered almost 2 years ago.

    1. Victor Calvin Johnson
    2. Trina Ann Longo
    3. Anthony Justin Eldreth
    4. Tracy Jong
    5. Maurice N Ross
    5 lawyer answers

    Yes, an attorney is advisable. These claims are not always valid. You can only make good decisions with good information.

    3 lawyers agreed with this answer

  6. What can I do?

    Answered almost 2 years ago.

    1. Tracy Jong
    2. Philip Leon Marcus
    3. Bruce E. Burdick
    4. Michael Charles Doland
    5. Mario Sergio Golab
    5 lawyer answers

    Davidson is a well known invention company. I am sorry to say you are working with a company the USPTO warns about. However, all may not be lost. Assuming the patent that was filed had you as the inventor AND assuming it was a utility patent application (you mentioned it was published), you may be able to to the USPTO public PAIR website and view the file history to see the status. You can switch attorneys or even represent yourself by filing a revocation of power of attorney and appointment of...

    3 lawyers agreed with this answer

  7. Is it possible to partner with my USA based relative to open and handle bank account of LL

    Answered almost 2 years ago.

    1. Vikas Varma
    2. Tracy Jong
    3. Massimo Paternoster
    3 lawyer answers

    I agree with the first answer, but would like to add a few additional thoughts: An LLC - a limited liability company, is a good solution because that entity form is flexible to allow unequal distribution of both control and profits. Thus, the operating agreement acts like a contract to set forth the details of the arrangement you have. You might also consider a business power of attorney to give him authority to act on your behalf for situations that might ordinarily require your presence.

    1 lawyer agreed with this answer

  8. My wife and I have a home based sole proprietor business that we want to convert to an LLC .

    Answered almost 2 years ago.

    1. Frank A. Natoli
    2. Tracy Jong
    2 lawyer answers

    The answer depends on quite a few factors. The most important one is explained by the attorney above. However, there are other things to consider. For example, how risky is this business venture? You may want only one spouse involved if it has a high risk of failure. That way you still have some credit with the remaining spouse. What is your estate plan and will this impact your tax planning? Is there any benefit to having your wife as owner and being a woman owned business? In most...

  9. Job-related question: Can I publish a book?

    Answered almost 2 years ago.

    1. Alena Shautsova
    2. Alexander Joseph Segal
    3. Tracy Jong
    3 lawyer answers

    Your ability to publish a book is not dependent upon your immigration status. Non-citizens can publish books. If it is your creative work, you can contract with others to commercialize or exploit that work. A possible solution would be to assign the rights to a corporate entity you own and have that business be the contracting party with the publisher. That might keep you under the radar a bit more for immigration concerns.

  10. When do I check off "use of the mark in a prior form" on a trademark application?

    Answered almost 2 years ago.

    1. Daniel Nathan Ballard
    2. Philip Leon Marcus
    3. Tracy Jong
    4. Michael Charles Doland
    4 lawyer answers

    I suspect you got into a section of the application for additional statements and you are replying to questions related to a prior registration claim for the mark. You have not provided enough detail to answer. However, the benefit of a prior registration is senority if someone else was using a confusingly similar mark or perhaps toward establishing a family of marks. If you are not concerned with these issues, then don't mark the box and go ahead and file.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful