How to Register a Company in the United States A Complete Guide to the U.S. Company Registration Process and Trademark Classifications

Registering a company in the United States is far more than simply filling out an online form to launch an e-commerce store. It involves multiple practical steps-including selecting the appropriate state of incorporation, designing an optimal tax structure, and fulfilling ongoing compliance obligations. According to U.S. Department of Commerce data released in 2026, Delaware and Wyoming continued to lead all states in new business registrations; however, Florida-benefiting from the absence of a state income tax and a streamlined annual reporting process-saw its registration volume increase by 18% year-on-year, emerging as a new hotspot for small- and medium-sized cross-border entrepreneurs. Meanwhile, the U.S. Patent and Trademark Office (USPTO) received over 750,000 trademark applications during Fiscal Year 2026, with applicants from China accounting for 12.6%-up 1.9 percentage points from 2022. This trend underscores that registering a U.S. company and proactively securing trademark protection have become standard, non-negotiable steps for enterprises expanding overseas.

I. Core Steps in U.S. Company Registration (Using an LLC as Example - Applicable to Most Startups and Cross-Border Entities)

1. Selecting the State of Formation You are not required to incorporate in the state where your business physically operates.

Delaware offers a mature statutory framework and a specialized Court of Chancery with extensive corporate law expertise.

Wyoming does not publicly disclose member information and imposes no state income tax.

Florida levies no state corporate income tax and does not require the registered agent’s address to be located within the state.

2. Name Availability Search Conduct a free name search via the target state’s Secretary of State website (e.g., the Delaware Division of Corporations). The proposed name must include a legally mandated suffix such as “LLC” or “Ltd.” and must not duplicate or cause confusion with any existing entity on record.

3. Filing the Articles of Organization Submit this formation document electronically to the state’s Secretary of State office. Required information includes company name, registered agent details, management structure (member-managed or manager-managed), and principal business address (which may be a non-physical address). Standard processing typically takes 3-7 business days; expedited service (available for an additional fee) can reduce turnaround time to as little as 24 hours.

4. Obtaining an Employer Identification Number (EIN) Apply for an EIN free of charge through the Internal Revenue Service (IRS). This number is essential for opening a U.S. bank account, filing taxes, and hiring employees. Non-U.S. residents may apply online using IRS Form SS-4 without needing a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN); however, they must provide a valid passport and certified copies of formation documents.

5. Opening a U.S. Bank Account Traditional banks (e.g., JPMorgan Chase, Bank of America) generally require the authorized signatory to appear in person at a branch. In contrast, certain digital banks (e.g., Mercury, Novo) support remote account opening-requiring only uploaded documents including the IRS EIN confirmation letter, Articles of Organization, passport, and proof of address.

II. Key Classes and Practical Considerations for U.S. Trademark Registration

U.S. trademarks are registered under the Nice Classification system, which divides goods and services into 45 distinct classes. Applicants must specify one or more classes precisely; protection extends only to the designated class(es). A common misconception is “filing across all 45 classes”-a strategy that is neither cost-effective nor necessary. Below are the most frequently used and strategically relevant classes

1. Class 9 Software, mobile applications, smart hardware, and electronic devices. Ideal for SaaS platforms, Shopify/Shopify-compatible plugins, and IoT products.

2. Class 25 Clothing, footwear, and hosiery. Many Chinese sellers register their proprietary apparel brands here-but must submit genuine evidence of use (e.g., product photos showing the mark, live e-commerce listing screenshots).

3. Class 35 Advertising, online retail, and e-commerce services. Virtually all cross-border e-commerce entities should register in this class, which covers core services such as “promoting goods of others via the Internet.”

4. Class 42 Website development, cloud computing, and AI model training services. Technology-focused companies offering API integrations or custom algorithmic solutions should prioritize this class.

Important Notice Effective December 2026, the USPTO mandates that all foreign-domiciled applicants must retain a U.S.-licensed attorney to file trademark applications. Self-filed applications by foreign applicants will be automatically rejected. Furthermore, all official communications-including Office Action responses-must be submitted exclusively through the appointed U.S. counsel. As of now, the USPTO’s official website has disabled the non-attorney filing portal.

III. Critical Post-Formation Compliance Obligations

1. Annual Report Filing File your state-mandated Annual Report on time each year. Fees vary $300 in Delaware; $60 in Wyoming. Late filings incur penalties and may result in administrative dissolution or loss of good standing.

2. Maintaining Corporate Formalities Keep complete and accurate business records-including meeting minutes (e.g., LLC member resolutions), bank statements, and executed contracts-to preserve the legal separation between the company and its owners. Failure to do so may expose personal assets to “piercing the corporate veil” liability.

3. Trademark Maintenance Requirements After registration, you must file a Declaration of Use (Section 8) between the 5th and 6th years following registration. At the 10-year renewal deadline, you must simultaneously submit updated evidence of continued use-or risk automatic cancellation of the registration.

The above outlines the core operational logic and latest practical considerations for U.S. company formation and strategic trademark class selection. We hope this guide proves valuable to your international expansion efforts.