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

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

Registering a company and applying for a trademark in the United States is a crucial step for many businesses aiming to expand globally. Whether it’s a startup or an established enterprise, entering the U.S. market requires completing a series of compliance procedures. In recent years, as U.S.-China trade relations have evolved and cross-border e-commerce has rapidly grown, more and more Chinese companies have chosen to set up physical entities in the U.S. and register trademarks to strengthen brand recognition and legal protection.

1. Basic Steps to Register a Company in the U.S.

Registering a company in the U.S. is not overly complicated, but it’s important to choose the right business structure based on your needs. Common types of business entities include Limited Liability Companies LLCs, Corporations, and Partnerships. Among these, LLCs are the most popular for small and medium-sized businesses due to their flexible tax treatment, simple management structure, and limited liability protection for shareholders.

The general registration process includes

1. Choosing a Company Name - Make sure the name is not already in use. Most states allow you to check availability through their official website.

2. Selecting a State of Registration - While you can register in any state, many businesses choose Delaware or Nevada because of their business-friendly laws and relatively low tax burdens.

3. Filing Registration Documents - For an LLC, you need to file the Articles of Organization; for a Corporation, the Articles of Incorporation. These documents typically include the company name, address, and registered agent information.

4. Obtaining an EIN Employer Identification Number - Apply for an EIN from the IRS. This number is necessary for tax filings and opening a U.S. bank account.

5. Drafting an Operating Agreement - Although not required, this document is essential for defining the company’s management structure and shareholder rights.

It’s also important to note that each state has different requirements regarding annual fees and reporting obligations. It’s highly recommended to consult with a legal professional or a registered agent before proceeding.

2. Steps and Tips 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 your brand. Trademarks are a key part of a company’s intangible assets. Having a registered trademark in the U.S. helps prevent others from using similar marks and provides stronger legal support in case of disputes.

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

1. Trademark Search - Before submitting an application, conduct a preliminary search using the USPTO’s TESS database to ensure the desired trademark isn’t already in use or registered.

2. Preparing Application Materials - This includes the trademark design, the class of goods or services, and applicant information. The U.S. follows the Nice Classification system, so applicants must accurately select the applicable class or classes.

3. Submitting the Application - Applications can be filed online via the USPTO website. Fees vary depending on the filing method and number of classes selected.

4. Examination Process - The USPTO will conduct both formal and substantive reviews. If issues are found, an Office Action may be issued, requiring a timely response.

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

Starting in 2025, the USPTO has tightened its verification of materials submitted by foreign applicants, especially regarding evidence of use. It’s strongly advised that businesses provide genuine and valid proof of commercial use during the application process to avoid rejection due to false or misleading information.

3. Real-World Case Studies

In recent years, many Chinese cross-border e-commerce companies have chosen to register U.S. entities and trademarks. For example, a consumer electronics brand based in Shenzhen registered an LLC in California in early 2025 and later filed trademarks in multiple categories. The company’s executive said that registering a U.S. company not only enhances brand credibility but also facilitates better access to local sales channels, such as Amazon and Walmart. Having a U.S. company and registered trademark also helps with brand registration, dispute resolution, and other platform-related issues.

Another example is a daily chemical products exporter from Hangzhou. After facing counterfeit products in overseas markets, the company quickly applied for a U.S. trademark and took legal action. Eventually, they managed to remove several infringing product listings. This case highlights the importance of proactive trademark protection when expanding internationally.

4. Conclusion

In the context of globalization, the U.S. market remains a key target for companies expanding internationally. Whether it’s to boost brand image, open up sales channels, or strengthen intellectual property protection, registering a U.S. company and applying for a trademark are essential steps. Although the process involves legal and administrative procedures, with proper research, strategic planning, and the support of professional service providers, businesses can smoothly take this critical step toward global growth.