How to Register a U.S. Company from China U.S. Trading Company Registration + U.S. Trademark Registration-Individuals Can Do It Too

Registering a U.S. company from within China is, in fact, far more straightforward than many people imagine. You do not need to travel to the United States in person, nor are you required-by law-to maintain a U.S. physical address or appoint a U.S.-based partner. Provided all required documents are complete and the procedural pathway is clear, an individual can independently complete the entire registration process. As of 2026, U.S. states continue optimizing registration policies for foreign investors. Delaware, Wyoming, and New Mexico remain the most frequently chosen jurisdictions for incorporation-with Wyoming standing out as the top choice for sole proprietors and micro-trade entities due to its absence of state income tax, non-mandatory disclosure of beneficial ownership information, and low annual report fee (just USD $60).

I. Registering a U.S. Trading Company Core Steps Individuals Can Execute Independently

U.S. company registration is fundamentally a state-level procedure; the federal government does not participate in the approval process. The key steps involve selecting a state, determining the corporate structure, filing formation documents, and obtaining a Federal Employer Identification Number (EIN).

1. Choose the Business Entity Type Individuals are generally advised to register a Limited Liability Company (LLC), which offers clear liability separation and flexible tax treatment. If future fundraising or going public is anticipated, a C-Corporation (C-Corp) may be more suitable.

2. Select the State of Incorporation Wyoming and Delaware are the most recommended jurisdictions. Wyoming permits non-residents to serve as the sole member of an LLC. Delaware boasts a mature, business-friendly legal system-but requires appointment of a registered agent and payment of an annual franchise tax (minimum USD $300).

3. Prepare and Verify the Company Name Conduct a name availability search via the official website of the target state’s Secretary of State. The name must include the designation “LLC” or “Limited Liability Company,” must not duplicate any existing registered entity name, and must avoid regulated terms such as “Bank” or “Insurance.”

4. Appoint a Registered Agent A registered agent must be an individual or entity with a physical street address in the U.S. and must be authorized to accept legal documents on behalf of the company. Applicants based in China must engage a compliant, professional registered agent service provider; use of virtual addresses or self-appointment without a valid U.S. physical presence is not permitted.

5. File Formation Documents Submit the Certificate of Organization (for LLCs) or Certificate of Incorporation (for Corporations) to the relevant state’s Secretary of State office. Online filing typically results in approval within 3-7 business days.

6. Apply for a Federal Employer Identification Number (EIN) Apply free of charge via the IRS official website. Applicants must provide basic company information and the responsible individual’s Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN). Individuals without an SSN may submit Form SS-4 by mail, with assistance from their registered agent.

II. U.S. Brand Registration Initiate Trademark Protection Concurrently

Upon completing company registration, brand assets require separate legal protection. The United States Patent and Trademark Office (USPTO) permits foreign individuals to file trademark applications directly-without mandatory representation by a U.S.-licensed attorney. However, in practice, it is strongly advisable to engage a local agent familiar with USPTO examination practices

1. Distinctiveness Requirement A mark must possess inherent or acquired distinctiveness. Purely descriptive terms (e.g., “Best Coffee”) are unlikely to be registered. Composite marks combining original graphics and text-or invented, distinctive terms (e.g., “Zylova”)-enjoy significantly higher registration success rates.

2. Preliminary Trademark Search Conduct a thorough “likelihood-of-confusion” search using the USPTO’s free Trademark Electronic Search System (TESS) before filing. According to Q1 2026 USPTO data, approximately 38% of office actions rejecting applications cite prior confusingly similar marks.

3. Filing Basis Applicants must declare either Intent-to-Use (ITU) or Use-in-Commerce. For ITU filings, proof of actual use in U.S. commerce must be submitted within six months after allowance. Up to five extensions may be requested, permitting a maximum total period of 36 months from allowance to submission of use evidence.

4. Examination Timeline Registration Process Average pendency for examination stands at 4.2 months. Upon approval, the mark is published in the Official Gazette for a 30-day opposition period. Absent opposition, a Certificate of Registration is issued. The registration remains valid for 10 years and requires a Declaration of Use (Section 8) between the 5th and 6th anniversaries.

III. Practical Considerations for Applicants Based in China

Remote Bank Account Opening Certain U.S.-based banks-including Mercury and Brex-support remote Know Your Customer (KYC) verification. Required documents typically include certified company formation documents, EIN confirmation, a valid passport, and proof of residential address (e.g., utility bill). Processing time averages 5-10 business days.

Real Tax Filing Obligations An LLC with no U.S.-source income incurs no federal income tax liability. However, it remains legally obligated to file an annual information return (Form 5472). Failure to file timely triggers a penalty starting at USD $28,000.

Trademark Enforcement Support In March 2026, the USPTO launched the updated Trademark Status and Document Retrieval (TSDR) database, offering real-time, publicly accessible tracking of all official proceedings. Individuals may monitor application status independently and proactively.

The above outlines a viable, end-to-end pathway for individuals residing in China to establish a U.S. trading company and secure associated trademark rights. We recommend carefully evaluating your actual place of business operations, cross-border payment methods, and long-term compliance costs before finalizing your choice of incorporation state and entity structure.