Law Offices of SRIS, P.C.
Law Offices of SRIS, P.C., through its website, sriscounsel.com, assists clients with cross-border brand protection and business entity matters involving Peru. Founded in 1997, the firm is a US law firm with an international clientele, and its US-admitted attorneys handle the US-law dimensions of cross-border brand and entity work—including US trademark registration before the United States Patent and Trademark Office (USPTO), US corporate formation, and compliance with US federal and state business regulations. On the Peru-law side, the firm collaborates with Peru-admitted Of Counsel to address Peruvian entity registration, Peruvian trademark filings before INDECOPI, and related Peruvian regulatory matters. This page offers general information about cross-border brand and entity practice; it is not legal advice and does not establish an attorney-client relationship. Reach Law Offices of SRIS, P.C. at (888) 437-7747 to discuss your cross-border brand or entity matter.
Cross-Border Brand and Entity Matters — US-Peru Practice
Cross-border brand and entity practice covers trademark registration, brand enforcement, and business entity formation when operations or ownership span the United States and Peru. For a US-based business expanding into Peru—or a Peruvian enterprise entering the US market—the legal considerations involve two distinct regulatory systems: US federal and state law on one side, and Peruvian civil law under the Peruvian Civil Code of 1984 and related commercial statutes on the other. Each jurisdiction has its own trademark registration authority, its own entity types, and its own compliance obligations. A brand that is registered with the USPTO does not automatically receive protection in Peru; likewise, a Peruvian trademark registered with INDECOPI does not confer rights in the United States.
Entity formation follows a similar dual-track logic. A US limited liability company or corporation is governed by the law of its state of formation, while a Peruvian sociedad anónima or sociedad comercial de responsabilidad limitada is governed by Peruvian corporate law. Entrepreneurs and businesses operating across the US-Peru corridor frequently need both a US entity and a Peruvian entity, each structured to comply with its own jurisdiction’s requirements. The United States-Peru Trade Promotion Agreement (PTPA), in force since 2009, provides a framework for trade and investment between the two countries, including provisions on intellectual property protection and market access, but it does not eliminate the need for jurisdiction-specific registrations and compliance.
How the Firm Handles US-Peru Brand and Entity Matters
The firm handles the US-law components of cross-border brand and entity matters through its US-admitted attorneys, while collaborating with Peru-admitted Of Counsel on the Peruvian-law components. When a client needs to register a US trademark, form a US business entity, or address a US regulatory question, Mr. Sris and the firm’s US-admitted Of Counsel provide the necessary US-side legal work. The firm prepares and files US trademark applications, drafts US entity formation documents, and advises on US compliance obligations. For Peruvian trademark registrations, Peruvian entity formation, and Peruvian regulatory compliance, the firm collaborates with Peru-admitted Of Counsel who handle the Peru-law side under Peruvian bar rules.
Martín Mayandía, Of Counsel for Peru matters, is admitted to practice law in Peru. He is not admitted to practice law in the United States. Mr. Mayandía brings experience in Peruvian commercial law and brand registration matters, and he serves as a liaison between the firm’s US-admitted attorneys and clients with Peruvian legal needs. Where a matter requires both US and Peruvian legal work, Law Offices of SRIS, P.C. handles the US-law side, and Mr. Mayandía—operating independently as Of Counsel—handles the Peru-law side. This jurisdictional separation ensures that each aspect of the matter is addressed by an attorney admitted in the relevant jurisdiction. The firm holds no location in Peru; all US legal services are provided from the firm’s Virginia principal location, by appointment only.
Frequently Asked Questions
Can a Peruvian citizen form a US LLC or corporation?
Yes, a Peruvian citizen may form a US limited liability company or corporation, and US law generally does not require US citizenship or residency for business ownership. The formation process requires selecting a state of incorporation, filing formation documents with that state’s business registry, and designating a registered agent with a physical address in the state. A Peruvian citizen forming a US entity must also obtain a US Employer Identification Number from the IRS. The entity must comply with US tax obligations, and the individual owner’s Peruvian tax obligations should be reviewed with Peru-admitted counsel. The firm’s US-admitted attorneys can assist with US entity formation; Peruvian tax implications should be discussed with Peru-admitted counsel. For guidance on your specific situation, reach Law Offices of SRIS, P.C. at (888) 437-7747.
How do I protect my brand in both the US and Peru?
Brand protection across the US and Peru requires separate trademark registrations in each jurisdiction, because US trademark rights and Peruvian trademark rights are territorial. In the US, trademark registration is obtained through the USPTO and provides protection within the United States. In Peru, trademark registration is obtained through INDECOPI and provides protection within Peruvian territory. The Madrid Protocol, administered by the World Intellectual Property Organization, allows a trademark owner to seek protection in multiple member countries through a single international application—but the resulting protections are still examined and granted on a country-by-country basis. Peru is a member of the Madrid Protocol, as is the United States. A business with operations in both countries may consider filing a Madrid Protocol application designating both jurisdictions, supplemented by direct national filings where appropriate. To discuss cross-border brand protection, contact Law Offices of SRIS, P.C. at (888) 437-7747.
Do I need separate legal counsel for US and Peruvian entity matters?
Because US entity law and Peruvian entity law are distinct regulatory systems, a matter that involves both typically requires the involvement of a US-admitted attorney and a Peru-admitted attorney, each addressing their respective jurisdiction’s law. A US-admitted attorney cannot provide legal advice on Peruvian corporate law unless also admitted in Peru, and a Peru-admitted attorney cannot provide legal advice on US corporate law unless also admitted in a US state bar. Law Offices of SRIS, P.C. addresses this by handling the US-law components through its US-admitted attorneys while collaborating with Peru-admitted Of Counsel for Peruvian-law components. The two sides coordinate as needed, but each attorney operates within the bounds of their own licensure. This dual-counsel approach helps ensure that entity formation and compliance in each jurisdiction are addressed by an attorney with the appropriate bar admission. For a consultation on cross-border entity matters, reach Mr. Sris and his Of Counsel network at (888) 437-7747.
What entity structure works for US-Peru cross-border operations?
The optimal entity structure depends on the nature of the business, the jurisdictions involved, and the tax and regulatory considerations in both the United States and Peru. Common structures include a US parent entity with a Peruvian subsidiary, a Peruvian parent with a US subsidiary, or parallel entities in each jurisdiction with an intercompany agreement. US entity options include the limited liability company, the C corporation, and the S corporation (though S corporation eligibility restrictions may apply to non-US-resident shareholders). Peruvian entity options include the sociedad anónima and the sociedad comercial de responsabilidad limitada. Tax treaty considerations between the US and Peru, operational control questions, and liability protection goals all factor into the structure decision. This is a matter-specific analysis that should involve both US-admitted and Peru-admitted counsel. Results may vary.
How does the US-Peru Trade Promotion Agreement affect brand and entity matters?
The United States-Peru Trade Promotion Agreement, in force since 2009, establishes a framework for trade and investment between the two countries, including provisions on intellectual property protection, market access, and investment protections. The PTPA commits both countries to maintain robust trademark protection and enforcement mechanisms, and it provides for national treatment of investors from each country in the other’s market. However, the PTPA does not create a unified trademark system or a unified corporate registration regime. A business still must register its trademarks separately in each country and form entities under each country’s domestic law. The PTPA provides a treaty-level right to certain protections and recourse mechanisms; it does not replace domestic legal processes. For guidance on how the PTPA intersects with your specific cross-border brand or entity matter, contact Law Offices of SRIS, P.C. at (888) 437-7747.
About Mr. Sris and the Firm’s Of Counsel Network
Mr. Sris, Owner and Founder of Law Offices of SRIS, P.C., is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. As a former prosecutor, he brings extensive experience to the firm’s US-law practice. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Through the firm’s Of Counsel network, the firm collaborates with foreign-jurisdiction attorneys—including Martín Mayandía, Of Counsel for Peru matters—on cross-border brand and entity matters. Mr. Mayandía is admitted to practice law in Peru. He is not admitted to practice law in the United States. The firm serves international clients with US legal needs from its Virginia principal location, by appointment only. Reach Law Offices of SRIS, P.C. at (888) 437-7747.
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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. Foreign attorneys