SRIS attorneys
Law Offices of SRIS, P.C. is a US law firm practicing since 1997, with its principal location in Virginia and additional locations in Maryland, the District of Columbia, New Jersey, and New York. The firm advises clients on US brand protection and business entity matters, including those with connections to India. Brand and entity legal work encompasses US trademark registration before the United States Patent and Trademark Office (USPTO), business entity formation under state law, and brand-protection strategies under the Lanham Act (15 U.S.C. § 1051 et seq.). For clients whose business or personal affairs span both the United States and India, document authentication between the two countries is facilitated by the 1961 Hague Apostille Convention, to which India has been a contracting party since 14 July 2005. Mr. Sriskandarajah, the firm’s founder, is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and leads the firm’s US-law brand and entity practice.
What the Brand and Entity Practice Covers
The brand and entity practice at Law Offices of SRIS, P.C. addresses US trademark registration, US business entity formation, and brand-protection counseling under federal and state law. For an India-based business seeking to enter the US market, this typically begins with selecting and clearing a trademark that is available for use and registration in the United States. The USPTO examines trademark applications for distinctiveness and for potential confusion with existing registered marks. A federal trademark registration on the Principal Register confers nationwide priority, the right to use the ® symbol, and a basis for enforcement in federal court. The firm also advises on state-level trademark registration where appropriate.
Business entity formation involves choosing a structure — such as a limited liability company, a C corporation, or an S corporation — and filing formation documents with the relevant state authority. Each structure carries different implications for liability protection, taxation, and governance. For a non-US person or entity, additional considerations include the requirement to obtain an Employer Identification Number from the IRS, the applicability of US tax treaties, and compliance with state-level registration and reporting obligations. The firm’s role is to explain these options and prepare the necessary formation and registration documents under US law.
US Trademark Registration for Foreign Applicants
A foreign applicant may seek US trademark registration under Section 1(a) of the Lanham Act (based on use in US commerce), Section 1(b) (based on a bona fide intent to use), or Section 44(e) (based on a foreign registration). An India-based applicant that holds a trademark registration from the Indian Trade Marks Registry may rely on that registration as a basis for a US application under Section 44(e), provided the mark and the goods or services correspond. The USPTO requires that foreign-domiciled applicants designate a US-licensed attorney to represent them in trademark matters before the Office. Mr. Sriskandarajah, admitted in five US jurisdictions, serves as attorney of record for foreign-domiciled trademark applicants and responds to USPTO office actions, including substantive refusals on likelihood-of-confusion or descriptiveness grounds.
Document authentication between the United States and India is governed by the 1961 Hague Apostille Convention. A document issued in India — such as a certificate of incorporation, a trademark registration certificate, or a power of attorney — may be authenticated by an apostille issued by the competent Indian authority. That apostilled document is then recognized in the United States without further consular legalization. The same process applies in reverse for US documents destined for use in India. This treaty framework simplifies the documentary requirements for cross-border brand and entity matters between the two countries.
Business Entity Formation Under US State Law
Forming a US business entity requires filing articles of organization or incorporation with the secretary of state in the chosen state of formation, paying the applicable filing fee, and complying with ongoing reporting and tax obligations. The choice of state is a strategic decision. Delaware is a common choice for corporations seeking venture capital investment due to its developed body of corporate case law. Virginia, where the firm maintains its principal location, offers a straightforward formation process and a business-friendly regulatory environment. For an India-based entrepreneur or business, the decision often turns on where the US operations will be physically located, the nature of the business, and the long-term capital and exit strategy.
Once the entity is formed, the business must obtain an EIN from the IRS, open a US bank account, and register to do business in any additional states where it will have a physical presence or employees. The firm prepares formation documents, operating agreements or bylaws, and initial resolutions. It also advises on the US tax classification of the entity and the implications of any applicable US-India tax treaty provisions. All entity-formation work is performed under US law by US-licensed counsel.
Frequently Asked Questions
What does a brand and entity attorney do for a client with India connections?
A brand and entity attorney handles US trademark registration, US business entity formation, and US brand-protection matters for clients whose business or personal affairs involve both the United States and India. The attorney’s work is performed under US law. For trademark matters, this includes conducting clearance searches, preparing and filing USPTO applications, and responding to office actions. For entity formation, it includes drafting and filing formation documents, preparing operating agreements or bylaws, and advising on US tax and reporting obligations. The attorney does not provide advice on Indian trademark law, Indian corporate law, or Indian tax law. Those matters are handled by counsel admitted in India.
Can an India-based business register a trademark in the United States?
Yes, an India-based business may register a trademark in the United States through the USPTO. The applicant may base the application on use of the mark in US commerce, on a bona fide intent to use the mark in US commerce, or on a foreign registration from the Indian Trade Marks Registry under Section 44(e) of the Lanham Act. The USPTO requires that all foreign-domiciled trademark applicants be represented by a US-licensed attorney. The application is examined for compliance with US trademark law, including distinctiveness and likelihood of confusion with existing registered marks. A federal registration confers nationwide priority and the right to enforce the mark in US federal court.
What is the difference between an LLC and a corporation for a non-US business owner?
A limited liability company (LLC) offers pass-through taxation and operational flexibility, while a corporation is a separate taxable entity with a more rigid governance structure but may be preferred by outside investors. For a non-US owner, an LLC may create US tax-filing obligations that a corporation does not, depending on the owner’s tax status and the applicable treaty. A C corporation pays US corporate income tax on its profits and the owner pays tax only on dividends received. An LLC with a single non-US owner is generally treated as a disregarded entity for US tax purposes, which may require the owner to file a US tax return. The choice between entity types should be made after reviewing the owner’s specific circumstances and the applicable US-India tax treaty provisions.
How does the Hague Apostille Convention affect US-India business documents?
Under the 1961 Hague Apostille Convention, a public document issued in India may be authenticated for use in the United States by obtaining an apostille from the competent Indian authority, and vice versa. India has been a contracting party to the Convention since 14 July 2005. The apostille certifies the authenticity of the signature, the capacity in which the person signing the document acted, and the identity of the seal or stamp on the document. It eliminates the need for consular legalization, which is a more time-consuming and costly process. Common documents that require apostille authentication in cross-border brand and entity matters include certificates of incorporation, trademark registration certificates, powers of attorney, and corporate resolutions.
What is a trademark clearance search and why is it important?
A trademark clearance search is an investigation of existing trademark registrations and common-law uses to assess whether a proposed mark is available for use and registration in the United States. The search typically covers the USPTO’s federal trademark database, state trademark registries, and common-law sources such as business directories, domain-name registrations, and industry publications. The purpose is to identify potential conflicts before the applicant invests in branding, packaging, and marketing. A mark that is confusingly similar to an existing mark for related goods or services may be refused registration by the USPTO and may expose the applicant to a claim of trademark infringement. A thorough clearance search reduces these risks.
Does a US trademark registration protect a brand in India?
No, a US trademark registration protects a brand only within the United States and does not confer any rights in India. Trademark rights are territorial. To protect a brand in India, the owner must register the mark with the Indian Trade Marks Registry under the Trade Marks Act, 1999. Conversely, an Indian trademark registration does not confer rights in the United States. A business that operates in both countries typically seeks registration in each jurisdiction separately. The Madrid Protocol, to which both the United States and India are contracting parties, permits an applicant to file a single international application and designate multiple member countries, but each designated country examines the application under its own law.
What ongoing compliance obligations does a US business entity have?
A US business entity must file annual reports with the state of formation, pay applicable state franchise taxes or annual fees, maintain a registered agent for service of process, and comply with federal, state, and local tax-filing obligations. The specific requirements vary by state and by entity type. A Virginia LLC, for example, must pay an annual registration fee to the Virginia State Corporation Commission. A Delaware corporation must pay an annual franchise tax and file an annual report. Failure to comply may result in administrative dissolution or revocation of the entity’s authority to do business. For a non-US owner, additional obligations may include filing IRS Form 5472 to report transactions between the US entity and its foreign owner, and complying with the reporting requirements of the Corporate Transparency Act regarding beneficial ownership information.
What should an India-based entrepreneur consider before forming a US entity?
An India-based entrepreneur should consider the choice of US state for formation, the type of entity, US tax classification, the requirement to obtain an EIN, the need for a US bank account, and the ongoing compliance obligations of the chosen entity type. The entrepreneur should also evaluate whether the business will have a physical presence in the United States, whether it will hire US employees, and whether it will enter into contracts with US vendors or customers. Each of these factors affects the entity’s tax obligations, regulatory requirements, and exposure to US litigation. The entrepreneur should also consider the implications of US export controls and the Foreign Corrupt Practices Act if the business involves international transactions. These decisions are fact-specific and should be made with the advice of US-licensed counsel.