What Documents and Procedures Are Needed to Register a Company and Apply for a Trademark in the U.S.?

Registering a Company and Applying for Trademarks in the U.S.

Registering a company and applying for trademarks in the United States is an important step for many businesses aiming to expand internationally. Whether a startup or an established enterprise, entering the U.S. market requires completing a series of compliance procedures. In recent years, with changes in U.S.-China trade relations and the rapid growth of cross-border e-commerce, more and more Chinese companies have chosen to establish physical entities in the U.S. and register trademarks to enhance brand influence and legal protection.

I. Basic Procedures for Registering a Company in the U.S.

Registering a company in the U.S. is not overly complex, but it requires choosing the appropriate business structure based on the nature of the enterprise. Common forms include Limited Liability Companies LLCs, Corporations, and Partnerships. Among these, LLCs are the most popular among small and medium-sized enterprises due to their flexible tax treatment, simple management structure, and limited liability for shareholders.

The general steps for registration are as follows

1. Choose a Company Name Ensure that the name is not already in use by another company; this can typically be verified through the official website of the state.

2. Select a State of Registration While companies can register in any state, most choose Delaware or Nevada due to their business-friendly laws and relatively low tax burdens.

3. Submit Registration Documents For an LLC, the document is called the Articles of Organization, while for a Corporation, it is the Articles of Incorporation. These documents usually include information such as the company name, address, and registered agent details.

4. Obtain an EIN Employer Identification Number Apply to the IRS for an EIN, which is necessary for tax reporting and opening a bank account.

5. Draft an Operating Agreement Although not mandatory, this agreement is crucial for defining corporate governance and shareholder rights.

It’s also important to note that different states have varying requirements regarding annual fees and reporting obligations. It is advisable to consult with a qualified attorney or registration agency before proceeding.

II. Steps and Considerations for Applying for a U.S. Trademark

After successfully registering a company in the U.S., the next step is often to apply for a trademark to protect brand assets. Trademarks represent a key component of intangible business value and offer strong legal protection against infringement when properly registered.

According to the United States Patent and Trademark Office USPTO, the trademark application process includes the following main steps

1. Trademark Search Conduct a preliminary search using USPTO's TESS database to ensure the proposed mark is not already registered or in use.

2. Prepare Application Materials This includes the trademark design, goods/services classification, applicant information, etc. The U.S. follows the Nice Classification system, so applicants must accurately select the applicable classes.

3. Submit the Application Applications can be submitted online via the USPTO website. Fees vary depending on the filing method and number of classes.

4. Examination Stage USPTO conducts both formal and substantive reviews. If issues arise, an Office Action may be issued, requiring a timely response.

5. Publication and Grant Once approved, the trademark is published in the Official Gazette. If no opposition is filed, a certificate of registration will be issued.

Notably, starting in 2025, USPTO has strengthened its scrutiny of the authenticity of materials submitted by foreign applicants, especially concerning evidence of use. It is recommended that companies provide genuine and valid proof of commercial use during the application process to avoid rejection due to false documentation.

III. Case Studies and Practical Insights

In recent years, many Chinese cross-border e-commerce companies have opted to register U.S. entities and trademarks. For example, a Shenzhen-based consumer electronics brand registered an LLC in California in early 2025 and subsequently registered its own trademarks across multiple categories. According to the company's executive, establishing a U.S. entity not only enhances brand credibility but also facilitates better integration with local sales channels such as Amazon and Walmart. Having a U.S. company and registered trademark also helps manage brand registration, dispute resolution, and platform complaints more effectively.

Another notable case involves a Hangzhou-based exporter of daily necessities. After counterfeit products began affecting its overseas sales, the company quickly applied for a U.S. trademark and took legal action. As a result, several infringing product listings were successfully removed from online platforms. This case highlights the importance of proactive trademark protection for companies expanding abroad.

IV. Conclusion

In today’s globalized economy, the U.S. remains a critical market for international business expansion. Whether the goal is to enhance brand image, access new sales channels, or strengthen intellectual property protection, registering a U.S. company and obtaining trademark registration are essential steps.

Although the process involves certain legal and administrative procedures, thorough research, strategic planning, and professional support from service providers can help businesses smoothly take this crucial step toward global success.