How Much Does It Cost to Register a Trademark in the U.S.? What Documents Are Required to Establish a U.S. Company, and What Are the Mandatory Requirements?

Registering a brand and company in the United States is a practical step actively pursued by many Chinese entrepreneurs, cross-border e-commerce sellers, and enterprises expanding overseas. Contrary to certain online claims-such as “obtain your business license in three days” or “guaranteed registration”-actual implementation involves multiple layers variations among state laws, tax compliance requirements, and physical operational obligations.

In Q2 2026, new business registrations in California, Delaware, and Wyoming collectively accounted for 68% of all newly established businesses nationwide. Among these, Delaware remains the top choice due to its well-established case law system and strong confidentiality protections. Regarding brand registration, U.S. Patent and Trademark Office (USPTO) data shows that trademark applications filed by Chinese applicants increased by 12.3% year-on-year during the first half of 2026; however, the office action (OA) refusal rate simultaneously rose to 37.6%, primarily due to insufficient evidence of prior use in the U.S. market or imprecise descriptions of goods/services classifications.

How much does it cost to register a trademark in the U.S.? The USPTO’s official fee schedule is clear the base filing fee for an electronic single-class trademark application is $250 via the TEAS Plus form; if using the TEAS Standard form, the base fee is $350. An additional $250 is charged for each extra class of goods or services. Note These amounts reflect only official government fees-not legal services, pre-filing clearance searches, analysis, or responses to office actions. Currently, mainstream agencies charge RMB 2,800-6,500 per class, covering basic search, application preparation, and response to the first office action. For expedited examination-for instance, when products are already on sale and urgent legal protection is needed-some law firms offer USPTO Accelerated Examination services at an additional cost of approximately RMB 8,000-12,000. However, this requires submission of a comprehensive patentability analysis report, presenting a relatively high practical threshold.

What documents are required to register a U.S. company?

1. Company name (must pass a name-availability check with the chosen state’s Secretary of State; cannot duplicate or closely resemble any existing entity);

2. Registered Agent information must be an individual or licensed agency with a physical street address located within the state of incorporation-virtual email addresses or foreign addresses are unacceptable;

3. Identity verification for at least one member/shareholder (a scanned copy of the passport’s biographical page suffices; no nationality restrictions apply);

4. Business address (may differ from the registered agent’s address, but must be real and valid-deliverable by USPS);

5. Confirmation of entity type (LLC or Corporation) LLCs are more common, offering clear liability separation and avoidance of double taxation.

Mandatory Requirements for U.S. Company Registration

• A Registered Agent must be appointed, and such agent must maintain a physical office address within the state where the company is incorporated;

• States such as Delaware and Wyoming do not require shareholders or managers to be U.S. citizens nor mandate personal presence in the U.S.;

• All states require annual report filings (“Annual Report”). Fees vary $300 in Delaware and $60 in Wyoming. Late filings incur penalties and may lead to administrative dissolution of the company;

• From a tax perspective Even without U.S.-sourced revenue, an LLC deemed to be “engaged in a trade or business” in the U.S. (e.g., selling via Amazon.com) must obtain an Employer Identification Number (EIN) from the IRS and may trigger filing obligations under Form 1040-NR (for non-resident individuals) or Form 1120-F (for foreign corporations);

• Bank account opening can no longer be completed fully remotely As of July 2026, major banks-including Chase and Bank of America-have fully implemented enhanced due diligence under the U.S. Bank Secrecy Act (BSA), requiring authorized representatives to appear in person at a U.S. branch for signing, or alternatively, complete KYC verification through their affiliated overseas branches (e.g., HSBC Hong Kong).

Clarifications on Common Misconceptions

Some mistakenly believe that “once a U.S. company is registered, one can immediately sell products under a U.S. brand.” In reality, USPTO trademark registration operates on a “use-based” principle. Applicants must submit verifiable evidence of actual commercial use in the U.S. at the time of filing-such as product webpages bearing the brand logo, shipping documents, or advertising screenshots. If the mark has not yet been used commercially in the U.S., applicants may instead file under the “intent-to-use” (ITU) basis. Upon approval, they must submit a Statement of Use within six months; up to five extensions may be requested, each requiring a $125 fee.

The above outlines key facts and operational considerations for registering both brands and companies in the United States as of mid-2026. We hope this information proves helpful. Before initiating the process, we recommend engaging a local law firm experienced in both state corporate law and federal trademark practice to conduct a complimentary preliminary assessment-helping you avoid costly rework caused by name conflicts, invalid registered agents, or misclassified goods/services.