sris counsel

Law Offices of SRIS, P.C. is a US law firm founded in 1997 that assists Colombian businesses, entrepreneurs, and individuals with US brand protection and business entity formation. For a Colombian company entering the US market, securing trademark rights through the United States Patent and Trademark Office (USPTO) and choosing the right business structure are foundational steps that determine how a brand is protected and how the business operates under US law. Mr. Sris, the firm’s founder and a former prosecutor, is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and leads the firm’s US-substantive practice. The firm handles US trademark applications, brand enforcement matters, and entity formation for Colombian clients, working alongside Colombia-licensed Of Counsel who serve as liaisons for Spanish-speaking clientele. Reach Law Offices of SRIS, P.C. at (888) 437-7747 to discuss US brand and entity matters.

US Brand Protection and Entity Formation for Colombian Clients

Colombian businesses seeking to protect their brand in the United States must navigate a trademark system that is distinct from Colombia’s and requires US-specific filings. The Lanham Act governs federal trademark registration in the United States and provides a framework for brand protection that differs in important ways from Colombian trademark law administered by the Superintendencia de Industria y Comercio. A US trademark registration confers nationwide priority rights, serves as a basis for enforcement in federal court, and can be recorded with US Customs and Border Protection to help prevent the importation of counterfeit goods. For a Colombian company, obtaining a US registration is often a critical step before entering the US market, licensing a brand to a US partner, or selling products through US-based e-commerce platforms.

Entity formation is equally important. Colombian entrepreneurs and businesses establishing a US presence typically choose between a limited liability company (LLC) and a corporation, each of which carries different tax treatment, governance requirements, and liability protections under the law of the state of formation. The firm advises on entity selection, prepares formation documents, and coordinates with Colombian tax and legal professionals as needed. Eric Duport Jaramillo, Of Counsel for Colombia matters at Law Offices of SRIS, P.C.—licensed in Colombia and not admitted in any US state bar; his practice with the firm is limited to matters of Colombian law and to serving as a liaison for international clients with US-licensed attorneys at the firm—assists Colombian clients in understanding how US entity and brand decisions interact with their Colombian legal and tax obligations. All US-law aspects, including trademark applications before the USPTO and entity filings with state authorities, are handled by Mr. Sris and the firm’s US-admitted attorneys.

Frequently Asked Questions

What does a US trademark protect?

A US trademark protects words, names, symbols, logos, and other identifiers that distinguish a brand’s goods or services in the US marketplace. Federal registration through the USPTO gives the owner nationwide priority—meaning the registration serves as constructive notice to others across the entire United States—and creates a legal presumption of ownership and validity. A registered trademark can be enforced in federal court under the Lanham Act, and the owner may use the ® symbol. Trademark rights in the US are based on use in commerce; a Colombian business that has not yet sold products in the US may file an intent-to-use application to reserve rights before entering the market.

Can a Colombian business register a trademark in the United States?

Yes, a Colombian business can register a trademark in the United States regardless of whether it has a physical US location. The USPTO permits foreign-domiciled applicants to file trademark applications, though foreign applicants must designate a US-licensed attorney to represent them before the USPTO. The application must identify the goods or services in accordance with the USPTO’s Acceptable Identification of Goods and Services Manual, and the applicant must have a bona fide intent to use the mark in US commerce—or already be using it. A Colombian business that owns a Colombian trademark registration may also be able to claim priority based on that foreign filing under US law if the US application is filed within the applicable statutory period.

Do I need a US attorney to file a USPTO trademark application?

Yes, USPTO rules require any trademark applicant domiciled outside the United States to be represented by a US-licensed attorney. This requirement applies to Colombian individuals and businesses. The US-licensed attorney must be an active member in good standing of a state bar and must sign and file the application. Mr. Sris, admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, serves as attorney of record for the firm’s Colombian clients on USPTO filings. The attorney’s role includes conducting a clearance search, preparing the application, responding to USPTO office actions, and maintaining the registration after issuance.

What type of US business entity should a Colombian entrepreneur form?

The choice between a US limited liability company (LLC) and a corporation depends on the entrepreneur’s goals, tax situation, and planned business activities. An LLC offers flexibility in management structure and pass-through taxation by default, meaning the entity itself does not pay US federal income tax—profits and losses pass to the members. A corporation, particularly a C corporation, is a separate taxable entity and may be appropriate for businesses that plan to seek venture capital or eventually go public. Colombian entrepreneurs should also consider the interaction between the US entity and their Colombian tax obligations. The firm advises on entity selection and prepares formation documents under the law of the chosen state of formation.

How does US trademark law differ from Colombian trademark law?

US trademark rights are based primarily on use in commerce, while Colombian trademark rights are based primarily on registration with the Superintendencia de Industria y Comercio. In the United States, common-law trademark rights can arise from actual use of a mark in commerce even without federal registration, though registration provides significant advantages. In Colombia, registration is generally required to establish enforceable trademark rights. The US system also uses a classification system based on the Nice Agreement for categorizing goods and services, and the USPTO examines applications for both formal requirements and substantive issues such as likelihood of confusion with existing registrations. A Colombian trademark registration does not automatically confer rights in the United States; a separate US application is required.

What is the process for registering a US trademark?

The US trademark registration process involves filing an application with the USPTO, examination by a USPTO examining attorney, publication for opposition, and—if no opposition is filed—issuance of a registration certificate. The application must include the mark, the goods or services, the filing basis (use in commerce or intent to use), and the applicable filing fee. The examining attorney reviews the application for compliance with the Lanham Act and USPTO rules, and may issue an office action if issues are found. If the mark is approved, it is published in the Official Gazette for a 30-day opposition period. For intent-to-use applications, a statement of use must be filed after the mark is used in commerce before registration issues.

Can I use my Colombian trademark in the United States without a US registration?

Yes, a Colombian trademark can be used in the United States, but the protections available without a US registration are limited. Under US common law, trademark rights arise from actual use of a mark in commerce within a specific geographic area, even without federal registration. However, common-law rights are geographically limited to the area of actual use and do not provide the nationwide priority, statutory presumptions, or federal court access that a USPTO registration confers. A Colombian business selling products in the US under its Colombian trademark may have common-law rights in the regions where sales occur, but a federal registration provides stronger and broader protection. The firm recommends federal registration for any Colombian brand with a meaningful US market presence.

How long does US trademark registration take?

The timeline for US trademark registration varies based on the complexity of the application and whether the USPTO issues office actions. After filing, the USPTO typically assigns the application to an examining attorney within several months. If the examining attorney identifies no issues, the mark proceeds to publication. If an office action is issued, the applicant has a statutory period to respond. The overall timeline from filing to registration depends on the specific facts of the application, including the number of office actions and whether any third party opposes the mark during the publication period. The firm monitors application status and responds to USPTO communications on behalf of its clients.