The 5-Step Guide to Registering Your Trademark in Florida

The 5-Step Guide to Registering Your Trademark in Florida

The intellectual property of your business is one of its most valuable assets, and one of the most common forms of IP is the trademark. Generally, a trademark is any symbol, word, design, or mark that is used by companies to assign an identity to their products or services. Like the Nike swoosh or the McDonalds’ golden arches, for example. The purpose of registering trademark is to distinguish your business from the rest and bring recognition to your product or service from the moment it is seen or heard by customers. It is for these reasons that all businesses must make sure to protect their marks to not only prevent another company from claiming it but to also uphold the integrity of their brand.

Although the overall process of registering a trademark in Florida is fairly straightforward, it is important that you take it very seriously and work side by side with an experienced trademark attorney to make sure you do not make any costly mistakes. Registered marks are granted legal protection against others who might try to steal them, use a similar mark, or deceit customers with counterfeit versions of your product. Additionally, there might be different things you will have to consider at both the state and federal levels of the law.

Here is a 5-step guide to registering your trademark in Florida:

1. Hire a Trademark Attorney

Since anyone can register a trademark with the United States Patent and Trademark Office (USPTO), it is important to make sure that you have the help of an experienced trademark attorney. This is because there are many issues that can emerge during the process of registering a trademark that will affect the validity of your mark, and it might be difficult for you to solve every problem effectively, especially if this is the first mark you have ever attempted to register.

2. Identify Your Trademarks

Once you have hired the right attorney, the next step in any trademark registration is to make sure you have clearly chosen your mark as the identifier of your brand. You must make sure that the mark you choose to register is the one you want to stick with. Once you have made a decision on a mark, you will then have to determine whether it can actually be registered. In order to qualify for a trademark registration with the USPTO, a mark must:

1. Be used in commercial activities; and
2. Be unique and distinctive.

Although these two requirements may seem simple, they actually come with several legal concerns regarding how unique or distinct your mark has to be in order to qualify for registration.

Your Jurado& Farshchian, P.L. Trademark Lawyer will provide expertise during this part of the process to help you make sure the mark you register is as unique and strong as it needs to be, in order to ensure a successful application.

3. Conduct a Trademark Research

Before you actually attempt to file your application, it is crucial that you check whether the mark you intend to register is actually available and has not been taken by another company. The USPTO will reject any mark that comes with a high “likelihood of confusion” with any other mark that has been previously registered. Searching for similar marks and determining whether yours will hold up is a tricky process, so the guidance of an experienced attorney is more than crucial.

4. Prepare Your Application

After your mark is prepared and you have determined that it will not likely be confused with another mark in the USPTO database, you will have to move on to actually preparing your trademark application. The USPTO will require that you categorize your mark in one of two ways:

1. Used in commerce (your business is already using the mark); or
2. Intent to use (you intend to use the mark in the future).

Once this is done, you and your attorney will be allowed to follow the USPTO’s electronic application process, gather the required documents, and arrange for payment of any filing fees.

5. Submit Your Application

Once all the steps above have been taken care of, the final step is actually submitting your trademark application. Before you do, make sure to go over it carefully with your attorney, as many times as necessary, to make sure everything is presented the way you want it. After you submit your application, the USPTO will review your case and make a decision to either approve or deny your trademark registration.

At Jurado & Farshchian, P.L., our team of skilled and experienced Trademark Attorneys will handle your Florida Trademark application with the levels of proficiency and attention to detail you deserve. We have years of experience helping business owners register their trademarks and the list of satisfied clients grows every single day; let us add you to it!

To learn more about how we can help your business thrive, call us today at (305) 921-0440 or send us an email to Romy@jflawfirm.com to schedule an initial consultation.

The post The 5-Step Guide to Registering Your Trademark in Florida appeared first on Business Law | Real Estate Law | Immigration Law | Probate (305) 921-0440.

E-1 and E-2 Visas – What You Need to Know

E-1 and E-2 Visas – What You Need to Know

The E-1 Treaty Trader Visa and the E-2 Treaty Investor Visa are advantageous non-immigrant visas intended for individuals who want to enter the United States for business purposes and have the nationality of a country with which the United States maintains treaties of commerce and/or navigation – commonly known as a “treaty countries.”

The E-2 Treaty Investor Visa

As mentioned above, the most important requirement of the E-2 Visa is that you must be a national of a country that maintains a qualifying E-2 treaty with the United States.

If your country of origin and the U.S. have the required treaty, then the following requirements must be met in order to successfully apply for an E-2 visa:

• You must prove through solid evidence that you own at least 50% of a U.S. business.
• You must intend to enter the United States to direct and develop the business.
• You must have invested or be planning to invest a substantial amount of capital in a U.S. business and must be able to demonstrate that the investment is at risk, controlled by you, and irrevocably committed to the business.
• The investment must not be in a marginal business.
• The U.S. business must be operational or be set to being operational in the near future.

The E-2 Visa is granted for a period of two to five years and can be renewed indefinitely. Additionally, the unmarried children under the age of 21 of an E-2 Visa holder are also eligible to obtain the E-2 Visa status and the spouse can apply for a work authorization.

Foreign workers who are essential to the operations of a U.S. business can also be granted the E-2 status.

Providing a fully comprehensive list of the E-2 Visa requirements is a task for an immigration attorney with expertise and experience handling this type of visas as the requirements can vary depending on the type of business and the U.S. Consulate through which the foreign national is applying.

The E-1 Treaty Trader Visa

The E-1 Visa is a temporary, non-immigrant visa intended for individuals who may not have a substantial amount of money invested in a company but rather trade either goods or services between their home country and the United States.

As with an E-2 Visa, a valid treaty between the applicant’s home country and the United States is the first and most important requirement to qualify – no exceptions.

If your country of origin and the U.S. have the required treaty, then the following requirements must be met in order to successfully apply for an E-1 Visa:

• The trading firm the applicant is representing must have the nationality of the same treaty country as the applicant.
• Majority ownership (at least 50%) of the U.S. company by the applicant.
• Trade must be substantial between the U.S. company and the foreign company.
• The applicant must be employed in a supervisory or executive position or possess highly specialized skills.

The E-1 visa is granted for a period of two years and it can also be renewed indefinitely. The spouse and unmarried children under the age of 21 of an E-1 visa holder can also apply for the E-1 Visa status and the spouse is allowed to work in the United States under a work permit.

Foreign workers who are essential to the successful operations of a U.S. business can also be granted the E-1 status.

As with the E-2 Visa, providing a thorough list of the E-1 Visa requirements is a task for an immigration attorney with expertise and experience handling this type of visas as the requirements can vary depending on the type of business and the U.S. Consulate through which the foreign citizen is applying.

Generally, the expertise of other individuals such as international tax accountants or foreign investment experts may not be enough. The help of an experienced business and immigration lawyer is priceless when it comes to the E-1 and E-2 visas.

Jurado & Farshchian, P.L. – Your E-1 and E-2 Visa Attorneys

At Jurado & Farshchian, P.L., our experienced Immigration Attorneys will not only help you get your E-1 and E-2 Visas approved but they will also be with you in every step of the way towards making your business a significant part of the economy of the United States.  Get in touch with us by calling us at (305) 921-0440 or by sending us an email to Romy@jflawfirm.com.

The post E-1 and E-2 Visas – What You Need to Know appeared first on Business Law | Real Estate Law | Immigration Law | Probate (305) 921-0440.

Starting a Business as a Foreigner in the United States

Starting a Business as a Foreigner in the United States

When it comes to foreigners looking to enter the United States with the purpose of starting a business, while each case is different, there are a number of visa options made available by the U.S. government. In this article, we will explore which visa options may be appropriate to start an enterprise in the United States as a foreigner that you should definitely consider.

The B-1 Business Visitor Visa

Usually, individuals think the B-1 Business Visitor Visa is the most suitable option for someone who wants to start a business in the United States simply because of its name. Unfortunately, this is a common misconception.

The B-1 Visa is actually intended for those who wish to stay in the U.S. for a limited period of time, generally less than 6 months. A great way to determine whether this is the right visa for you is to carefully look at which business activities are permitted under the B-1 status. If you can honestly state that your intentions fall under these categories and can provide sufficient evidence to support that statement, the B-1 visa may be the answer for you. The business activities permitted under the B-1 status include:

• Conducting negotiations.
• Planning meetings, purchases, or investments.
• Carrying out research, hiring staff, or conducting interviews.
• Purchasing goods related to the business.
• Looking for an office space and negotiating a commercial lease.

L-1 Visa

The L-1 Intra-Company Transferee Visa is for individuals who work for a multinational company in positions such as high-level executives, managers or other specialized employees. This visa is generally sought when the company needs to transfer these individuals to the U.S. and back to the foreign country repeatedly and constantly.

There are two types of L-1 Visas: the L-1A Visa and the L-1B Visa. When it comes to starting a business in the United States as a foreigner, the L-1A is the most relevant as it allows executives and managers to start a new office or branch of the company in the U.S. – in which case, the visa will only be issued for an initial period of a single year instead of the typical three. The USCIS will then re-evaluate your case after the new office or branch begins operations.

The E-2 Visa

Another great option for foreigners looking to enter the United States with the purpose of starting a business is the E-2 Visa.

The E-2 Visa is intended for investors who are looking to enter the United States to direct the operations of a business in which they have invested a substantial amount of money. When it comes to starting a business in the United States, the E-2 Visa is one of the best options for you as it allows you to not only purchase an existing business but also start a new one from scratch. However, these visas are only available to citizens of countries with which the United States maintain treaties of commerce and navigation.

EB-5 Investor Visa

The EB-5 Visa requires an individual to invest an amount of money between $500,000 to $1,000,000 in a commercial enterprise in the United States.

There are 10,000 EB-5 visas made available every year, out of which 5,000 are reserved for individuals who file an application through a CIS-designated Regional Center.

According to USCIS, what qualifies as a commercial enterprise for this visa category includes:

• Partnerships.
• Sole proprietorships.
• Joint Ventures.
• Holding companies.
• Corporations.
• Business Trusts.

H-1B Visa

If you are familiar with the H-1B Visa and its requirements and limitations, you might be scratching your head right now, wondering why this visa made it into the list of visas that allow you to come to the United States with the purpose of starting a business.

The H-1B is designed for employers looking to bring foreign employees to the country through a sponsorship. You must have an employer sponsoring your application to qualify for this visa, without exception. Because you cannot apply for this visa directly and there must be an employer-employee relationship, starting a business with it could seem impossible at first glance; however, there are a few ways you can make it work.

It is understood that you can start a business in the United States with this visa as long as you are not the sole proprietor of the company and you are not your own sponsor. This means that, if you can establish an entity with the power to employ you, then you can effectively build a startup business as a foreigner under the H-1B status.

Starting a Business in the U.S.? Our Immigration Lawyers Can Help

Starting a business in the United States as a foreigner can be a problematic endeavor if the appropriate steps are not taken. Your visa, just like your business, will be a significant money, effort, and time investment. The best way to protect that investment is to have an expert by your side at all times during the application process.

Our lawyers have years of experience handling immigration cases based on business. Our team of specialists will help you determine which course of action will be best for your situation. After we have determined which visa you should apply for, we will represent you in your application process and help you prepare all the necessary documents to make your submission one with high chances of success.

However, it does not end there. Our team includes some of the best business lawyers in Florida, who will provide assistance during the business formation process and, once you begin operations, will continue representing you and protect your best interests.

To get in touch, call us today at (305) 921-0440 or send us an email to Romy@jflawfirm.com.

The post Starting a Business as a Foreigner in the United States appeared first on Business Law | Real Estate Law | Immigration Law | Probate (305) 921-0440.

Pros and Cons of a Florida LLC for Aspiring Small Business Owners

Pros and Cons of a Florida LLC for Aspiring Small Business Owners

A Florida LLC is a business entity that combines the benefit of strong liability protection of a corporation with the simplicity, flexibility, and tax-related advantages of a partnership. However, like all other business structures, the LLC has pros and cons that you should be aware of before deciding whether or not this type of entity is the best one for your new company.

Here is a list of the main advantages and disadvantages of the Florida LLC structure:

Pros of a Florida LLC

It is Relatively Easy to Set Up

Compared to corporations, Florida LLCs are relatively simple to set up and operate. The paperwork is far less complicated, the process much less complex, and you are not required to maintain minutes of meeting or record resolutions.

Pass-Through Taxation

Unless you specify otherwise, LLCs are what is known as “pass-through” entities, meaning that all profits go directly to the members without being taxed as a company. Instead, the members of the LLC include this money on their individual federal income tax returns. Given that LLC profits are not considered earned income, they are not subject to self-employment taxation.

The same principle applies when the company loses money – all members can claim the loss on their individual tax returns and reduce their tax burdens. This pass-through taxation avoids the dilemma faced by C-corporations, where all profits are taxed first as business income and then taxed again as personal income taxes for each owner after the profits are distributed.

Management Flexibility

Unlike a corporation, a Florida LLC has no restrictions on the number of members it can have or the way the management structure is organized. In fact, Florida even allows the formation of LLCs with a single member, which some states do not. Additionally, a Florida LLC may also be owned by foreign individuals and corporate entities.

Under the Florida LLC Act, you can choose to have your company managed either by owners or designated managers who do not necessarily have to be members. This is usually more convenient if you and the other members of the LLC lack experience in successfully running a business.

Limited Liability

Perhaps the most important feature of Limited Liability Companies is included in its name: Limited Liability.

LLCs are similar to corporations because they shield the owners from personal liability for business debts. Unless you have specifically guaranteed company debts using your personal assets, your liability is limited to the amount of money you invested in the company. Assets separate from the business, such as cars, homes, personal bank accounts, and private investments will generally remain protected.

Cons of a Florida LLC

Although a Florida LLC might present several advantages, especially for small businesses, there are also some disadvantages that need to be considered, including:

Ownership is Not Easy to Transfer

There is limited flexibility in a Florida LLC when it comes to transferring ownership. Members must indicate early on in the operating agreement whether or not ownership can be transferred and, if so, whether the consent of the other members is required to allow the transfer. This requirement can make it a bit difficult for you to transfer your business interests to your family members, for example.

Limited Case Law

Since Florida LLCs are relatively new concepts compared to traditional partnerships and corporations, there is a limited legal precedent to base upon when disputes arise, which means that the outcome of cases involving LLCs is far less predictable compared to other business entities.

The One-Step Guide to Successfully Setting up a Florida LLC

Step One: Hire a Business Lawyer to Help You.

Although LLCs are highly popular among small business owners, setting up one is not free of complications and hidden dangers; this is why hiring an experienced Business Lawyer to assist you during formation of your new business must be at the top of your to-do list. Additionally, the help of a seasoned business lawyer who specializes in Florida LLC entities is crucial towards deciding whether a Limited Liability Company is, in fact, the right structure for your company.

At Jurado & Farshchian, P.L., we will be pleased to meet with you, review your unique business goals, and help you decide if a Florida LLC is right for you. Regardless of the business structure you end up choosing, we will remain by your side in every step of the way towards establishing and running a successful business.

To schedule an initial consultation with our Business Experts, you may call us at (305) 921-0440 or send us an email to Romy@jflawfirm.com.

The post Pros and Cons of a Florida LLC for Aspiring Small Business Owners appeared first on Business Law | Real Estate Law | Immigration Law | Probate (305) 921-0440.

How to Apply for a Family Based Green Card

How to Apply for a Family Based Green Card

Family Based Green Cards are the most common way of obtaining lawful U.S. permanent residency. Family members of U.S. citizens and permanent residents may apply for legal permanent residency in the United States.

Applying for permanent residency also allows you to obtain an employment authorization document (commonly known as a “work permit”) which authorizes you to work in the United States while the final decision on your green card application is still pending.

Generally, a person who wants to immigrate to the United States must have a petition approved by the USCIS before applying for a green card. For family based green cards, the petition must be filed by a relative who is either a U.S. citizen or a permanent resident, known as “the sponsor.”

To apply, first, the sponsoring relative must file a Petition for Alien Relative (Form I-130) with the U.S. Citizenship and Immigration Services in the area where the sponsor lives.

Sometimes, U.S. citizens living overseas can apply for family-based green cards at a U.S. embassy or consulate or with the USCIS.

Unlimited Family Based Green Cards for Immediate Relatives

Immediate Relatives of U.S. Citizens: These types of family based green cards are based on a close family relationship with a U.S. citizen living in the United States such as a spouse, children, and parents.

Additionally, a U.S. citizen can sponsor a child who has been adopted or will be adopted from abroad so long as that child meets the definition of an orphan according to immigration law.

The waiting period for applicants who fall under this category is about six to twelve months.

Limited Family Based Green Cards

These types of family based green cards involve specific and more distant family relationships with a U.S. citizen and some particular relationships with a Lawful U.S. Permanent Resident. Under U.S. immigration law, there are fiscal year limitations on the number of green cards granted to family preference immigrants:

• Family First Preference (F1) – Unmarried children of U.S. citizens and their children (if any). (23,400 visas per year).
• Family Second Preference (F2) – Spouses, minor and unmarried children (over the age of 20) of lawful U.S. permanent residents. (114,200 visas per year). Almost eighty percent of all visas available for this category will typically go to the spouses and children; the remainder will be given to unmarried sons and daughters.
• Family Third Preference (F3) – Married children of U.S. citizens and their children and spouses. (23,400 visas per year).
• Family Fourth Preference (F4) – Brothers and sisters of U.S. citizens, and their children and spouses, as long as the U.S. citizens are at least 21 years of age. (65,000 visas per year).

It is important to note that grandparents, uncles, aunts, cousins, and in-laws cannot sponsor foreign relatives for family based green cards.

Can Foreigners Obtain Family Based Green Cards While Outside the U.S.?

If you are a foreign immediate relative of a U.S. citizen seeking a family-based green card while being outside the country, you may become a permanent resident through consular processing.

Consular processing is the process in which the USCIS works in unison with the Department of State to issue a green card on an approved Form I-130. Once the green card is granted, you can travel to the U.S. and become a permanent resident the moment you arrive at the port of entry.

Get the Help of a Jurado & Farshchian, P.L. Immigration Lawyer

At Jurado & Farshchian, P.L., you will find skilled Immigration Lawyers who specialize in family based green cards. We provide our clients with compassion, professionalism, and personalized services. We dedicate as much time as we need to each and every client in order to understand their specific needs, which helps us create the best strategy to guarantee as many successful family based green cards as possible.

Our family based green card specialists have an in-depth knowledge of the specific processes and documents required to complete a successful green card application. We always do our best to avoid delays in the process in order to give our clients the best opportunity in obtaining the green cards they have wished for so long.

Let us add you to our ever-growing list of satisfied clients.

To learn more about how we can help clients apply for family based green cards, contact our experienced attorneys for an initial consultation by calling us today at (305) 921-0440 or sending us an email to Romy@jflawfirm.com.

The post How to Apply for a Family Based Green Card appeared first on Business Law | Real Estate Law | Immigration Law | Probate (305) 921-0440.

7 Crucial Steps you Need to Take to Start a Business in the United States

7 Crucial Steps you Need to Take to Start a Business in the United States

As a law firm that works with foreign entrepreneurs, Jurado & Farshchian, P.L. has helped hundreds of non-citizen clients like you start their business in the United States and we can definitely help you start yours.

Here is a quick guide consisting of 7 steps you need to take in order to start a business in the United States:

1 – Choose a Business Structure for your Company

The first thing you will need to start a business in the United States is to decide which business type is right for you.

Choosing the correct business structure is important because the type of business you select will have an effect on everything – from operations and taxes to how much of your personal assets are at risk.

When it comes to the best business structures for non-citizens, the LLCs and the C-Corporations are at the top of the list.

The Limited Liability Company structure is the most common business type in the United States, especially if you are not a citizen. LLCs protect your personal assets from business debts and lawsuits. What this means is that if something unexpected happens to your business, then your personal assets such as your home, your car, and your personal bank account will be protected. Additionally, LLCs have “pass-through” taxation, which means that your earnings pass through to your personal income taxes and accountants do not have to file a separate tax form for the company.

The C-Corporation structure is another great option for non-citizens. It is especially recommended for companies who wish to have “shares” and expect to have investors.

Corporations are typically better for investors because they can passively hold shares without having to worry about tax consequences until they sell them again in the future.

The downside of Corporations is double taxation, meaning that the income is taxed twice, first at the company level, then at the personal level – making the LLC a better option when it comes to taxes.

2 – Hire a Registered Agent

In the United States, LLCs and Corporations are required to have a Registered Agent who have a physical address and is available during normal business hours to receive important documents on behalf of the business.  A Registered Agent is crucial to ensure that you do not miss any important documents related to state taxes or lawsuits. Business owners typically prefer to use the services of a registered agent rather than perform this task themselves.

3 – Register Your Company

Now that you have decided which type of business structure is best for you, the next step you need to take to start a business in the U.S. is to register your business by filing the necessary documents.

Whether you choose an LLC or a Corporation, at Jurado & Farshchian, P.L. you will find a lawyer who will help you prepare, draft and/or file all the necessary documents for your business registration.

Forming your LLC or C-Corporation on your own while making sure you are doing everything correctly is highly complicated and unless you have a lot of time and patience, and, most importantly, a lot of experience, it is recommended that you seek the help of professionals. Our lawyers are only a phone call away.

4 – Apply for an EIN

Every business person in the United States is required to have an Employer Identification Number (also referred to as “Tax ID number”) to start a business. The EIN is issued by the U.S. Internal Revenue Service (IRS) to identify a company. An EIN is necessary for an LLC or C-Corporation to conduct business activities lawfully in the United States.

5 – Open a Business Bank Account

Once you have obtained your EIN, you can open a business bank account in the United States. This step is usually found to be the most challenging for non-citizens who are trying to start a business in the U.S.

You will have to come to the United States and visit the bank in person in order to open a business bank account.

It is highly recommended that you contact the bank you will be visiting in advance to make sure you understand their requirements and know exactly what to bring with you to open your account.

6 – Get Insurance

Business insurance is a priceless asset because it protects you from the unexpected costs of running a company. Lawsuits, natural disasters, and accidents could cause incalculable harm to your business if you are not protected by the right insurance policy.

In some instances, your business might be legally required to have certain types of business insurance. Every company that has employees is required by the federal government to have unemployment, workers’ compensation, and disability insurance.

7 – Hire a Business Lawyer to Help You Start a Business in the United States

Starting a business is complicated, and becomes all the more so when you are doing it in a country that is not your home country. The biggest mistake foreign entrepreneurs make when attempting to start a business in the United States is never seeking the help of an experienced immigration and business attorney. This is something that you should do before you even start to consider which type of business structure is the best for your needs.

The skilled Business Attorneys at Jurado & Farshchian, P.L. have helped numerous clients start their business successfully in the United States. There is no reason why you should not be the next foreign entrepreneur to join our list of satisfied clients.

Call us today at (305) 921-0440 or send us an email to Romy@jflawfirm.com to learn more about our services and how we can help you start a business if you are not a U.S. citizen.

The post 7 Crucial Steps you Need to Take to Start a Business in the United States appeared first on Business Law | Real Estate Law | Immigration Law | Probate (305) 921-0440.