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sris counsel | Law Offices of SRIS, P.C.

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Colombian businesses can secure US trademark registration through the USPTO, benefiting from nationwide priority and enforcement rights. They may also form US business entities like LLCs or corporations without US residency, with guidance available on entity selection, EIN acquisition, and cross-border compliance.

sris counsel

sris counsel

Law Offices of SRIS, P.C. is a US law firm founded in 1997 that assists Colombia-connected businesses and entrepreneurs with US brand protection and entity formation. Whether you are a Colombian company preparing to enter the US market, a startup founder seeking to register a US trademark, or an established enterprise evaluating a US subsidiary structure, the firm provides guidance on the US-law dimensions of these cross-border undertakings. Mr. Sris, the firm’s Owner and Founder, is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s location in Pereira, Colombia, by appointment only, serves as a point of contact for Colombia-based clients. Reach Law Offices of SRIS, P.C. at +1 (888) 437-7747 (US) to request a consultation.

US Brand Protection for Colombian Enterprises

Colombian businesses seeking to protect their brand in the United States can secure federal trademark registration through the United States Patent and Trademark Office (USPTO) under the Lanham Act, 15 U.S.C. § 1051 et seq. Federal registration confers nationwide priority, the right to use the ® symbol, and access to federal courts for infringement actions — benefits not available through common-law rights alone. For a Colombian company, the US trademark application process requires identifying the correct goods and services classes, conducting a clearance search to assess potential conflicts with existing marks, and responding to any USPTO office actions. A Colombia-based applicant may file directly with the USPTO or through the Madrid Protocol if Colombia is the applicant’s country of origin and the mark is already registered or applied for there. The firm’s US-licensed attorneys handle the US-side trademark work, including clearance analysis, application preparation, and prosecution before the USPTO.

Brand protection strategy in the US market often extends beyond trademark registration. Domain name acquisition, terms-of-service compliance, and monitoring for infringing uses are practical steps that complement a federal registration. For Colombian businesses operating in e-commerce, marketplace brand registry programs such as Amazon Brand Registry require a registered US trademark. The firm can advise on these ancillary brand-protection measures as part of a coordinated US market-entry strategy. Every engagement begins with a consultation to evaluate the specific brand assets at issue and the scope of protection needed in the US.

Forming a US Business Entity from Colombia

A Colombian individual or company may form a US business entity — such as a limited liability company (LLC) or a corporation — without being a US citizen or resident, and without traveling to the United States. The choice of entity type depends on factors including the number of owners, preferred tax treatment, planned capital structure, and whether the business seeks outside investment. A Delaware LLC or corporation is a common choice for international founders because of Delaware’s developed corporate law, but other states — including Virginia, Florida, and New York — may be suitable depending on the business’s operational nexus. The firm assists clients in evaluating entity type and formation state, preparing the articles of organization or incorporation, and obtaining the employer identification number (EIN) from the Internal Revenue Service.

US entity formation for a Colombia-based owner also requires attention to cross-border tax considerations, including the US-Colombia tax treaty and any reporting obligations under the Foreign Account Tax Compliance Act (FATCA). A registered agent with a physical address in the formation state is mandatory. Annual report filings, franchise tax obligations, and maintenance of a separate US business bank account are ongoing compliance requirements. The firm provides guidance on these US-side corporate formalities. For Colombian-law aspects of the business — such as Colombian commercial registration, Colombian tax treatment, or Colombian foreign-exchange reporting — the client should engage separate Colombian counsel. Law Offices of SRIS, P.C. handles the US-law side of the entity formation and coordinates with the client’s Colombian advisors as needed.

Frequently Asked Questions

Can a Colombian citizen own a US company?

Yes. A Colombian citizen may be the sole owner of a US LLC or corporation, and US law does not generally impose citizenship or residency requirements on business ownership. The owner will need to obtain an EIN from the IRS and appoint a registered agent with a physical address in the formation state. Certain regulated industries — such as banking, broadcasting, or defense contracting — may impose additional requirements, but most commercial businesses are open to non-US ownership. The firm’s US-licensed attorneys can guide you through the formation process. For a consultation about forming a US entity from Colombia, reach Law Offices of SRIS, P.C. at +1 (888) 437-7747.

How does a Colombian business register a trademark in the United States?

A Colombian business registers a US trademark by filing an application with the USPTO, either directly or through the Madrid Protocol system administered by the World Intellectual Property Organization (WIPO). The direct route requires filing a TEAS application with the USPTO. The Madrid Protocol route requires a Colombian trademark application or registration as the basis and designates the US as a contracting party. Both routes involve substantive examination by a USPTO examining attorney. Filing fees vary by application type and number of classes. The firm’s US-licensed attorneys handle the US-side trademark work for Colombia-based applicants. For guidance on US trademark registration, contact Law Offices of SRIS, P.C. at +1 (888) 437-7747.

What US entity type is most suitable for a Colombian startup?

A Delaware C-corporation is a common choice for Colombian startups that anticipate venture capital investment, because US venture capital funds are familiar with Delaware corporate law and C-corp structures accommodate multiple classes of stock. A Delaware or state LLC may be more appropriate for a closely held business or a subsidiary of a Colombian parent company, offering pass-through tax treatment and fewer corporate formalities. The decision involves US tax classification rules, the anticipated investor base, and the long-term goals of the business. The firm evaluates these factors with each client during the initial consultation. For a discussion of entity options, reach Law Offices of SRIS, P.C. at +57 63419197 (Pereira).

Do I need to travel to the US to form a company?

No. US company formation can be completed remotely from Colombia without the owner traveling to the United States. The formation documents are filed electronically or by mail with the relevant state’s Secretary of State or division of corporations. The EIN can be obtained from the IRS by fax or through a responsible party with a US taxpayer identification number. A registered agent service provides the required US physical address. The firm handles document preparation, filing coordination, and ongoing compliance guidance. To discuss forming a US entity from Colombia, contact Law Offices of SRIS, P.C. at +1 (888) 437-7747.

Does a US trademark protect my brand in Colombia?

No. A US trademark registration protects the mark only in the United States and does not extend to Colombia or any other country. Trademark rights are territorial. To protect a brand in Colombia, a separate registration with the Colombian Superintendencia de Industria y Comercio (SIC) is required. The Madrid Protocol allows a single international application designating multiple member countries, including both the US and Colombia, but each designated country examines the application under its own laws. Law Offices of SRIS, P.C. handles US trademark matters. For Colombian trademark registration, the client should engage separate Colombian counsel. The firm can coordinate with the client’s Colombian trademark counsel as part of a cross-border brand strategy.

What ongoing compliance does a US entity require?

A US entity typically requires an annual report or franchise tax filing in its formation state, maintenance of a registered agent, renewal of business licenses where applicable, and federal and state tax filings. The specific requirements vary by state. Delaware, for example, imposes an annual franchise tax on corporations and LLCs, while Virginia requires an annual registration fee. Failure to maintain compliance can result in administrative dissolution or loss of good standing. The firm advises clients on US-side compliance obligations. For guidance on maintaining a US entity, reach Law Offices of SRIS, P.C. at +1 (888) 437-7747.

Can the firm handle both US and Colombian law for my business?

Law Offices of SRIS, P.C. is a US law firm and handles US-law matters directly through its US-licensed attorneys. For Colombian-law matters — including Colombian entity formation, Colombian tax, Colombian trademark registration, or Colombian regulatory compliance — the client should engage separate Colombian counsel. The firm coordinates with the client’s Colombian advisors as needed to ensure the US and Colombian dimensions of a matter are aligned. The firm’s location in Pereira, Colombia, by appointment only, facilitates communication with Colombia-based clients and local counsel. For a consultation about US-side legal needs, contact Law Offices of SRIS, P.C. at +57 63419197 (Pereira) or +1 (888) 437-7747 (US).

How long does US trademark registration take?

US trademark registration timelines vary by application type, examining attorney workload, and whether the application encounters substantive objections or third-party oppositions. A use-based application that proceeds without objections may mature to registration within approximately eight to twelve months from filing, but this timeframe is not guaranteed. Intent-to-use applications and Madrid Protocol applications involve additional procedural steps that may extend the timeline. The firm’s US-licensed attorneys manage the prosecution process and keep clients informed of the status of their applications. For a consultation about US trademark registration, reach Law Offices of SRIS, P.C. at +1 (888) 437-7747.

About Law Offices of SRIS, P.C.

Law Offices of SRIS, P.C., founded in 1997, is a US law firm with an international clientele. The firm’s US-licensed attorneys are admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm maintains a location in Pereira, Colombia, by appointment only, which serves as a point of contact for Colombia-based clients seeking US legal guidance on brand protection, entity formation, and other cross-border matters. Mr. Sris, the firm’s Owner and Founder, is a former prosecutor who has practiced since 1997. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).

The firm collaborates with foreign-jurisdiction Of Counsel on matters involving foreign law. For client matters with both US-law and Colombian-law dimensions, the firm’s US-licensed attorneys handle the US-law side, and the client engages separate Colombian counsel for Colombian-law matters. This division of responsibility ensures that each dimension of a matter is handled by an attorney admitted in the relevant jurisdiction. To request a consultation on US brand and entity matters for a Colombia-connected business, contact Law Offices of SRIS, P.C. at +1 (888) 437-7747 (US), +1 (888) 437-7747, or +57 63419197 (Pereira).

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.

Law Offices of SRIS, P.C. attorneys are admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm collaborates with foreign-jurisdiction Of Counsel attorneys on matters involving foreign law. No attorney in the firm or its Of Counsel network practices law in a jurisdiction where they are not admitted. Law Offices of SRIS, P.C. is a US law firm. The firm’s US-licensed attorneys handle US-law matters directly. For Colombian-law matters, the client should engage separate Colombian counsel.

Attorney responsible for this advertising in the State of New Jersey: Atchuthan Sriskandarajah, Esq.

This content discusses general principles of cross-border legal practice and does not constitute legal advice for any specific matter. Cross-border legal questions depend on the specific facts, jurisdictions involved, and current law in multiple countries. Consult an attorney licensed in the relevant jurisdiction before taking any action. The firm does not currently provide legal representation in Colombia. If your matter requires Colombian law representation, you should consult an attorney admitted by the Consejo Superior de la Judicatura.

Author: Mr. Sris, Owner and Founder, Law Offices of SRIS, P.C. Mr. Sris is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Founded 1997.

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Reviewed by Mr. Sris, Owner and Founder.

Attorney advertising. This page is for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Statutes and their application change and vary by case. Prior results do not guarantee a similar outcome; results may vary. For advice about your specific situation, consult a licensed attorney. Attorney responsible for this advertising: Mr. Sris.