SRIS international attorneys
Law Offices of SRIS, P.C. assists international clients, including those from Peru, with US trademark registration, business entity formation, and brand protection. Founded in 1997, the firm is a US law firm with an international clientele. Mr. Sris, the firm’s founder and managing attorney, is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
How We Assist Peruvian Clients with US Brand and Entity Matters
Our US-admitted attorneys handle the US-law aspects of trademark applications, business incorporations, and brand enforcement, while collaborating with Peru-licensed Of Counsel for any Peru-law requirements. Whether you are a Peruvian entrepreneur seeking to register a US trademark for your brand, form a US limited liability company (LLC) or corporation, or enforce your brand rights in the US market, we provide guidance on the applicable US laws and procedures. We work with the United States Patent and Trademark Office (USPTO) for trademark matters and with state-level business filing offices for entity formation. For any Peru-law issues—such as the validity of a Peruvian trademark that serves as a basis for a US application, or the recognition of a Peruvian business entity—we coordinate with Martín Mayandía, who is licensed in Peru and not admitted in any US state bar, to ensure that the Peru-law side is properly addressed.
Frequently Asked Questions
Can a Peruvian individual or company register a trademark in the United States?
Yes, a Peruvian individual or company can apply for a US trademark registration with the United States Patent and Trademark Office (USPTO). Foreign applicants do not need to be US citizens or have a US business entity. The application may be based on use of the mark in US commerce, or on a foreign registration or application (under Section 44 of the Lanham Act). We assist clients in preparing and filing the application, responding to USPTO office actions, and maintaining the registration. For marks that are already registered in Peru, we can advise on the appropriate filing basis and coordinate with Peru counsel to obtain the necessary certified copies.
Do I need a US address or US attorney to file a trademark application?
Yes, the USPTO requires foreign-domiciled applicants to be represented by a US-licensed attorney. As a US law firm with attorneys admitted in multiple states, we can serve as your representative before the USPTO. You do not need a physical US address for the application; the attorney’s address is used for correspondence. This requirement ensures that foreign applicants have proper representation in the US legal system. We handle all communications with the USPTO on your behalf.
What types of business entities can a Peruvian national form in the United States?
Peruvian nationals can form most standard US business entities, including limited liability companies (LLCs), corporations (C-corp or S-corp), and partnerships. The choice depends on tax considerations, liability protection, and operational needs. We assist with entity formation in states such as Virginia, Maryland, Delaware, and others. We also advise on the appointment of a registered agent, which is required for service of process. For any Peru-law implications—such as the tax treatment of a US entity under Peruvian law—we collaborate with Martín Mayandía, who is licensed in Peru and not admitted in any US state bar, to ensure comprehensive guidance.
Do I need a US-based registered agent for my US company?
Yes, every US business entity must designate a registered agent with a physical address in the state of formation to receive legal documents. We can assist in arranging a registered agent service. The registered agent is not the same as the business owner; it is a designated party for service of process. We ensure that your entity complies with this requirement and that you are promptly notified of any legal correspondence.
How long does it take to register a US trademark?
The timeline for US trademark registration varies depending on the filing basis and any issues raised by the USPTO examining attorney. Generally, a straightforward application may take 8 to 12 months from filing to registration, but delays can occur if the examining attorney issues an office action or if a third party opposes the mark. We work to prepare a complete application to minimize delays and respond promptly to any USPTO inquiries. For marks based on a foreign registration, the process may be faster if the foreign registration is in good standing.
Can I operate a US business from Peru without traveling to the United States?
Yes, it is possible to form and operate a US business entity while residing in Peru, though certain activities may require a US presence or visa. We assist with remote formation, obtaining an Employer Identification Number (EIN) from the IRS, and opening a US bank account. However, if you plan to actively manage the business from within the US, you may need an appropriate visa, such as an E-2 treaty investor visa (if Peru has a qualifying treaty) or an L-1 intracompany transferee visa. We can advise on the immigration aspects in coordination with our US immigration practice.
What is the difference between a US trademark and a Peruvian trademark?
A US trademark registration protects your brand only within the United States, while a Peruvian trademark registration protects it only within Peru. Trademark rights are territorial. If you sell products or services in both countries, you should consider registering in both jurisdictions. We handle the US side, and for Peru, we collaborate with Martín Mayandía, who is licensed in Peru and not admitted in any US state bar, to assist with Peruvian trademark matters. There is no single international trademark that covers all countries, though the Madrid Protocol can simplify multi-country filings; however, Peru’s status under that treaty is not addressed here.
How does the firm handle brand enforcement for Peruvian clients in the US?
We assist with US brand enforcement by sending cease-and-desist letters, filing oppositions or cancellations with the USPTO’s Trademark Trial and Appeal Board (TTAB), and pursuing litigation in US federal or state courts when necessary. Our US-admitted attorneys handle all US litigation and administrative proceedings. For any cross-border aspects—such as evidence located in Peru or the need to enforce a US judgment in Peru—we coordinate with Martín Mayandía, who is licensed in Peru and not admitted in any US state bar, to address the Peru-law side. We work to protect your brand rights in the US market.
What should I bring to a consultation about US brand and entity matters?
For a consultation, it is helpful to have information about your brand, including any existing trademark registrations (US or foreign), a description of your products or services, and your business goals in the US market. If you are considering forming a US entity, details about the proposed business structure, ownership, and funding can assist our analysis. We also recommend having any relevant Peru-law documents, such as your Peruvian company registration or trademark certificate, which we can review with Martín Mayandía as needed. Contact us at (888) 437-7747 to schedule a consultation.
How do I get started with US trademark or entity formation?
To begin, contact Law Offices of SRIS, P.C. at (888) 437-7747 or through our website to schedule a consultation. We will discuss your objectives, assess the US legal requirements, and outline the steps and estimated costs. For any Peru-law considerations, we will involve Martín Mayandía, who is licensed in Peru and not admitted in any US state bar, to ensure that your overall strategy is coordinated. We handle the US-side work and facilitate the collaboration with Peru counsel.