Atchuthan Sriskandarajah
Atchuthan Sriskandarajah, Esq. is the Owner and Founder of Law Offices of SRIS, P.C., a US law firm practicing since 1997. Mr. Sriskandarajah is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His practice includes brand and entity matters for entrepreneurs and businesses with cross-border interests between the United States and India. Law Offices of SRIS, P.C. is a US law firm with an international clientele. The firm’s US-licensed attorneys handle the US-law dimensions of brand protection, business entity formation, and corporate structuring. This page provides general information about US brand and entity law as it may relate to Indian entrepreneurs, founders, and businesses exploring the US market.
Brand & Entity Practice
Brand and entity practice encompasses the legal frameworks for establishing, structuring, and protecting a business and its commercial identity under US law. For entrepreneurs and companies with ties to India, this practice area addresses the US-side legal needs that arise when entering the American market — forming a US subsidiary or standalone entity, registering and enforcing US trademarks, negotiating cross-border commercial agreements, and maintaining corporate compliance across jurisdictions.
US entity options available to foreign founders include the limited liability company (LLC), the C-corporation, and in certain circumstances the S-corporation. Each structure carries distinct implications for ownership, governance, tax treatment, and liability protection. Brand protection in the US is primarily achieved through federal trademark registration with the United States Patent and Trademark Office (USPTO), which confers nationwide priority and a presumption of validity. Common-law trademark rights may also arise from actual use in commerce, though their geographic scope is more limited. For a business with an existing Indian trademark, US registration is a separate process governed by US law and USPTO examination procedures.
Cross-Border Business Considerations — US and India
Cross-border brand and entity work between the United States and India involves navigating two distinct legal systems, each with its own corporate, intellectual property, and documentary requirements. A business incorporated in India that wishes to establish a US presence typically forms a separate US entity — often a Delaware LLC or C-corporation — which operates as a distinct legal person under US law. The US entity can hold US bank accounts, enter into US contracts, own US-based assets, and apply for US trademark registration in its own name.
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. A public document issued in India — such as a certificate of incorporation, board resolution, or power of attorney — may be authenticated by apostille from the designated Indian competent authority rather than undergoing consular legalization. The apostille certifies the document’s origin so that it may be presented to US authorities, banks, and business registrars. Conversely, US documents destined for use in India may be apostilled by the competent authority in the issuing US state. India is also a contracting party to the 1965 Hague Service Convention, in force for India since 2007, which governs the transmission of judicial documents between the two countries for litigation purposes. India has objected to Article 10 of that Convention; service through India’s designated Central Authority is the required channel.
Frequently Asked Questions
What types of business entities can an Indian entrepreneur form in the United States?
An Indian entrepreneur may form a US limited liability company (LLC), a C-corporation, or in limited cases an S-corporation, depending on ownership structure and tax objectives. The LLC is a popular choice for foreign founders because it offers pass-through taxation and flexible management. A C-corporation is often preferred when the business intends to seek venture capital funding, as US investors are generally more familiar with the corporate form. An S-corporation is generally unavailable to non-resident alien shareholders because S-corporation eligibility requires that all shareholders be US citizens or resident aliens. Each entity type is formed under the law of a specific US state — Delaware, Wyoming, and Nevada are common choices for their developed corporate statutes — and each requires a registered agent with a physical address in the state of formation.
Can a non-US citizen own a US limited liability company or corporation?
Yes, a non-US citizen — including an Indian national residing in India — may own 100% of a US LLC or C-corporation. US federal law does not restrict foreign ownership of domestic business entities, and most state corporation and LLC statutes impose no citizenship or residency requirement on members or shareholders. The owner does not need a US visa, a Social Security number, or a US address to hold an ownership interest. However, the entity must obtain an Employer Identification Number (EIN) from the Internal Revenue Service, designate a registered agent with a physical address in the state of formation, and comply with any applicable reporting requirements under the Corporate Transparency Act, which may require disclosure of beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN).
How does US trademark registration protect an Indian brand?
US trademark registration with the USPTO confers nationwide priority, a legal presumption of validity, and the right to use the federal registration symbol, regardless of the owner’s country of origin or residence. An Indian business that registers its mark in the United States gains the ability to enforce that mark in US federal court, to record the registration with US Customs and Border Protection to help block infringing imports, and to use the US registration as a basis for international registration under the Madrid Protocol. The US application is examined independently of any Indian trademark registration; the USPTO assesses distinctiveness, likelihood of confusion with prior US marks, and compliance with US trademark law. A US-licensed attorney is required to represent foreign-domiciled applicants before the USPTO.
What is the Hague Apostille Convention and how does it apply to US-India business documents?
The 1961 Hague Apostille Convention is a multilateral treaty that simplifies the authentication of public documents for use across international borders, and both the United States and India are contracting parties. India has been a contracting party since 14 July 2005. Under the Convention, a document issued in India — such as a certificate of incorporation from the Registrar of Companies, a notarized board resolution, or a power of attorney — may be authenticated by an apostille certificate affixed by the designated Indian competent authority. The apostille certifies the authenticity of the document’s origin so that it may be accepted by US banks, state business registrars, the IRS, and other US institutions without further consular legalization. The same process works in reverse for US documents destined for use in India. Documents that are not public records may still require notarization before apostille.
Is a US physical address required to form a US business entity?
A US business entity must maintain a registered agent with a physical street address in the state of formation, but the entity’s owners are not required to maintain a personal US address. The registered agent is a person or commercial service designated to receive service of process, official government correspondence, and compliance notifications on behalf of the entity. The registered agent’s address must be a physical location — a post office box is not sufficient. Many foreign founders engage a commercial registered agent service to satisfy this requirement. The entity’s principal place of business may be outside the United States, and the owners may reside abroad. The entity should also maintain a US mailing address for routine correspondence with state agencies and the IRS.
What is a registered agent and why does a US entity need one?
A registered agent is an individual or business entity designated to accept legal documents and official state correspondence on behalf of a company during regular business hours at a physical address in the state of formation. Every US state requires that a business entity formed under its laws maintain a registered agent with a physical street address — not a post office box — within that state. The registered agent receives service of process if the entity is sued, as well as annual report reminders, franchise tax notices, and other compliance communications from the secretary of state. Failure to maintain a registered agent can result in the entity losing its good standing or being administratively dissolved. Commercial registered agent services are widely available and are commonly used by foreign-owned entities.
How are contracts between US and Indian businesses typically structured?
Cross-border contracts between US and Indian businesses typically specify governing law, dispute resolution mechanism, currency of payment, and the allocation of responsibility for regulatory compliance in each jurisdiction. The parties may choose the law of a US state, Indian law, or the law of a neutral jurisdiction to govern the contract. Dispute resolution clauses often provide for arbitration under the rules of an established arbitral institution — such as the International Chamber of Commerce, the Singapore International Arbitration Centre, or the London Court of International Arbitration — because arbitration awards are generally easier to enforce across borders than court judgments. India is a contracting party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which facilitates enforcement of foreign arbitral awards in Indian courts. The contract should also address tax withholding obligations, intellectual property ownership, data protection requirements, and termination provisions.
What is the difference between a US trademark and an Indian trademark?
A US trademark registration issued by the USPTO protects a mark only within the United States and its territories; an Indian trademark registration issued by the Indian Trade Marks Registry protects a mark only within India. Trademark rights are territorial. A registration in one country does not automatically extend protection to the other. A business that uses its mark in both countries should consider separate registrations in each jurisdiction. The Madrid Protocol offers a streamlined international filing mechanism: an applicant with a base registration or application in one member country may file a single international application designating multiple member countries, including the United States and India, both of which are Madrid Protocol contracting parties. Each designated country’s trademark office examines the application under its own laws and may grant or refuse protection independently.
Can a US entity open a bank account for an India-based business?
A properly formed US entity may open a US bank account, though the process for a foreign-owned entity typically requires additional documentation and may involve in-person verification. US banks generally require the entity’s formation documents, EIN confirmation letter from the IRS, a corporate resolution authorizing the account opening, and identification documents for the authorized signatories. Many banks also require that a representative of the entity appear in person at a US branch to complete the account opening process, though some financial institutions and fintech platforms offer remote account opening for foreign-owned US entities. The entity should be in good standing with its state of formation and should have a US mailing address. Banking relationships are subject to each financial institution’s internal policies and to US federal anti-money laundering requirements.