How can I register my brand of cosmetics in the US if I'm not a citizen or a resident there? What are the minimal charges for it?

Question

How can I register my brand of cosmetics in the US if I'm not a citizen or a resident there? What are the minimal charges for it?

Answer

This is a very vague question. Are you speaking strictly to your trademark or do you also intend on qualifying your business entity here as well? As a non-resident you can do both, but you are restricted from physically working the business in the US unless you acquire the proper visa status. This is a personal immigration matter and is distinct from business and IP law.

Regards to your trademark, whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you start spending any money in support of it or submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the links below for some helpful info on the process:

http://smallbusiness.m.foxbusiness.com/quickPage.html?page=20969&content=26793940&pageNum;=-1

http://www.lanternlegal.com/trademark_due_diligence.php

http://www.lanternlegal.com/test_trademark.php

I would encourage you to consult with counsel perhaps via Skype and get some guidance before making any decisions. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.