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Yao Law Group’s Short and Easy Guide to Filing a Trademark Application

Step 1: Make Your Mark You will need to determine the type (format) of mark: 1) character mark, consisting of a word or combination of words, font or specific design for the words, etc.; 2) design mark, a stylized design with or without letters, such as a logo; or 3) sound mark, such as jingle or distinctive sound. Step 2: Trademark Search Before you apply, you should search the USPTO’s trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark Used on related products or for related services,…

O-1 Future Engagements

If an O-1 visa is filed with an agent-petition, the petition needs to present at least 2 future engagements. One of the benefits of an O-1 agent-filing petition is that the future work can be varied. When the O-1 federal regulations were drafted Congress took into account the industry standard for artists and creative professionals. The flexibility that Congress has carved out for artists absolutely allows artists and creative professionals to have a variety of different types of employment, whether that be with a private individual, project, or a large company. Congress recognized that the arts and creative industries do not follow a traditional 9-5…

Three O-1B (Artist Visa) Misconceptions

1. Award Truth: An award is not the only requirement. Although winning an award is part of the evidentiary criteria, it is not all of the evidentiary criteria. One can qualify for the O-1 without having an award due to the additional evidentiary criteria. Does having the award make the petition stronger? Absolutely, but it is by no means the only way to satisfy the criteria. 2. Quantity vs. Quality of Portfolio Truth: Select quality achievements to strengthen the portfolio. Although having multiple achievements is excellent, USCIS officers can sometimes feel overwhelmed analyzing such an extensive portfolio. The officer, who is not…

Do You Really Need a Lawyer?

So let’s talk about the big elephant in the room. Do you really need an immigration lawyer to assist you in receiving or securing a visa or a green card? Common criticisms that people have include: Lawyers don’t have time for me; Lawyers don’t do any work; Lawyers are too expensive. All of these criticisms lead you to believe that your lawyer isn’t invested in your case and most importantly the outcome of your case. Not all lawyers are created equal! There are some lawyers that don’t respond to clients, who don’t make time for their clients, or who are just unaffordable. But this article…

5 REASONS FOR O-1 VISA RFEs (Request for Further Evidence)

1. WEAK FUTURE ENGAGEMENTS A common reason for a case to receive an RFE is because of a weak contract. A future engagement is memorialized in a document that is sometimes called a contract, a letter of intent, a job offer letter, a letter of employment, an intent to hire, or a summary of the terms of agreement. A weak contract is a contract that is: missing certain mandatory clauses too generic and lacks specificity An example of a mandatory clause is the agent clause if you are filing with an agent-petitioner or compensation for your services. For example, a vague contract is a contract…

Immigration Lawyer in NYC

With many types of US immigration visas, securing one has many intricacies and pathways that will spell success or failure. As the process of acquiring a visa can be long and tedious, you do not want to take chances and risk being denied. You should work with an experienced immigration lawyer who has the expertise in determining your best options for securing a visa. This is the mission of the Yao Law Group in New York, headed by its principal attorney Elektra Yao, an immigration lawyer in NYC. She and her team study each client’s personal circumstances to expertly guide the client to a…

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Artist Visa Lawyer and Entertainment Lawyer in New York City

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