U.S. TM Reg. Co. Diss. Process Guide

How to Easily Navigate the Entire Process of U.S. Trademark Registration and Company Dissolution

In the context of global economic integration, more and more companies are choosing to expand their business in the U.S. market. Whether startups or established brands, those aiming to establish a foothold in the U.S. often need to complete two critical steps trademark registration and company dissolution. The former protects brand assets, while the latter is a legal requirement when ending business operations. However, for many Chinese companies and entrepreneurs, the U.S. legal system, complex procedures, and language barriers can pose significant challenges. This article will provide a practical guide, incorporating recent news updates, to help readers clearly understand and confidently manage the entire process of U.S. trademark registration and company dissolution.

I. U.S. Trademark Registration Safeguarding Your Brand

The United States is one of the most robust countries in terms of intellectual property protection. Trademark registration not only prevents infringement but also provides strong legal support in case of disputes.

1. Pre-Registration Preparations

Before submitting an application, it is recommended to conduct a trademark search to ensure the selected mark is not already registered or in use. You can use the free database on the USPTO United States Patent and Trademark Office website for preliminary checks, or hire a professional attorney for a more comprehensive analysis. In July 2025, the USPTO announced enhanced intelligent features in its online trademark application system, including automatic alerts for similar trademarks-an update that significantly lowers the barrier for non-professionals.

2. Choosing the Right Type of Registration

Depending on usage status, applicants can choose between two main types

Use-based Application For trademarks already in commercial use in the U.S.

Intent-to-Use ITU Application For trademarks not yet used but planned for future use. Applicants must submit proof of use at a later stage.

3. Submission and Examination Process

After submitting the application via the USPTO website, the process typically includes the following stages

Initial examination by an examiner approximately 3-6 months

A 30-day publication period, during which third parties may file oppositions

Final approval if no oppositions are received

The entire process generally takes 8-12 months. Costs mainly include the official filing fee approximately $350 per class and attorney fees if applicable.

II. Company Dissolution A Crucial Step in Closing Down

When a company decides to exit the U.S. market, it must legally complete the dissolution process. Failing to do so may result in ongoing tax obligations, fines, or even legal liabilities.

1. Prerequisites for Dissolution

Before initiating the dissolution process, the company should complete the following

Settle all debts

Distribute remaining assets

Cease all business activities

Submit annual reports and settle any outstanding payments to relevant states

2. Choosing the Correct Process Based on Company Type

In the U.S., common business structures include LLCs Limited Liability Companies and Corporations. Dissolution procedures vary slightly by entity type. For example, an LLC typically needs to file Articles of Dissolution with the state of registration, notify creditors, and address tax matters. Additionally, a Final Tax Return must be submitted to the IRS, indicating it is the last filing.

In September 2025, the California Department of Tax and Fee Administration issued a reminder that the number of cases involving penalties due to incomplete company dissolution increased by 12% in recent years-particularly among overseas investors who lack awareness of the process.

3. Engaging Professional Services

Given the complexity involving tax and legal matters, it is advisable to hire local accounting or law firms to ensure compliance and prevent omissions.

III. Common Misconceptions and Practical Tips

Despite appearing straightforward, the processes are often misunderstood in practice

Misconception 1 Once Registered, It’s Permanent

In reality, U.S. trademarks require ongoing maintenance. For instance, a Declaration of Use must be filed between the 5th and 6th year after registration, and a renewal is required between the 9th and 10th year. Failure to comply may result in cancellation.

Misconception 2 No Need to Dissolve If Not Operating

Even if a company is no longer active, it must still be officially dissolved. Otherwise, it remains responsible for annual reports, tax filings, and other obligations. Long-term neglect may lead to penalties or blacklisting, which can affect future registrations.

Practical Tips

Plan Ahead Allow sufficient time for both registration and dissolution to avoid last-minute complications.

Keep Records Maintain all documents for future reference or audit purposes.

Use Technology Tools Platforms like LegalZoom and Incfile offer one-stop services, ideal for small businesses with limited budgets.

IV. Conclusion

The appeal of the U.S. market is undeniable, but long-term success requires a strong commitment to legal compliance. Trademark registration protects your brand, while proper company dissolution ensures responsible closure. By understanding the procedures, preparing thoroughly, and utilizing professional resources, even first-time entrants can confidently manage these two critical processes. In today’s transparent and rule-based environment, compliance is not just a baseline-it’s a competitive advantage.