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Advice for Foreigner / New Business / TM / Madrid Protocol

by jason_ihn, Window Shopper

  • Created: August 30, 2009, 11:49 am
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1 comment

Hi there,

I am a New Zealand business owner/resident (looking to
MAYBE move to the USA in the next 2 years with my partner, who is a US
citizen). In the meantime, I'm looking to register a non-trading
business in the USA for the sole purpose of being eligible to apply for
an international Trademark via the Madrid Protocol, of of whom the USA
is a member. (The Trademark is for goods I'm currently manufacturing
and importing to the USA).

Could someone please tell me;

1. Do I have to be a US citizen to in order to register a business there? (There are no shareholders, just myself).

2. If not, then what do I need? Do I just need an address for registration/ correspondence?

3.
The non-trading business is for the sole purpose of being the Trademark
owner, as the USA is a member of the Protocol and New Zealand is not.

Thanks so much and I look forward to hearing your thoughts and wisdom.

Jason

Message Edited by AriM on 08-31-2009 09:30 AM

Tags: Discuss Popular Topics, Starting & Registering a Business
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ChristineL | Former Moderator | 9/2/2009 - 1:42 pm

Hi jason_ihn, Starting a business in the United States must be an exciting venture! First off, it’d be useful to take a look at Business.gov's 10 Steps to Starting a Business and Steps to Registering a Business. It provides very useful information that will help you with your business registration and starting process. To answer your questions: You do not have to be a US citizen to register a business. We recently wrote a blog on Starting a Business in the U.S. as a Foreign National that provides steps you need to take to register your business, including necessary addresses, ID numbers, and tax information. Businesses are registered at the state level, so after registering with the state that your business will be in, you will need to establish a registered agent with a valid address (not a PO Box) in that state. From looking at the WIPO site, an application can only be filed by “a natural person or a legal entity which has a real and effective industrial or commercial establishment in, or is domiciled in, or is a national of, a country which is party to the Madrid Agreement or the Madrid Protocol.“ If anyone has any experience with the WIPO or the international trademark via the Madrid Protocol, please pipe in! Message Edited by Christine_Lai on 09-02-2009 01:45 PM