Register a Company in New York State, USA, and Simultaneously Register a U.S. Trademark-Xiamen Residents Can Also Do It

The most frequently asked question by friends in Xiamen is “Can I set up both a U.S. company and a U.S. trademark while physically located in China?” The answer is straightforward Yes-and the process is clearer than many imagine.

New York State, one of the most active jurisdictions for U.S. business formation, offers low entry barriers, short processing timelines, and transparent ongoing compliance costs. Moreover, the United States Patent and Trademark Office (USPTO) fully welcomes foreign applicants. Entrepreneurs based in Xiamen-including local business owners, independent developers, and cross-border e-commerce brand operators-can complete the entire process remotely, provided documentation is compliant and the procedural pathway is correctly followed.

Why choose New York State for company formation?

It’s not because of Manhattan’s fame-but rather due to tangible, verifiable advantages

New York does not require shareholders or directors to be U.S. residents;

There is no minimum capital requirement;

An LLC (Limited Liability Company) can be approved on the same day-or as quickly as within 24 hours with expedited service;

Its state tax structure is startup-friendly-for example, there is no franchise tax, and the annual filing fee is a fixed $9 (2026 standard).

Critically, the Certificate of Formation issued by New York State is widely accepted by global banks, e-commerce platforms, and advertising accounts-including Stripe, Shopify, and Meta Business Suite-all of which support entity verification using this document.

For individuals in Xiamen registering a New York company, implementation follows four practical steps

1. Determine company type and name

Prioritize forming an LLC. The company name must include “LLC” or “Limited Liability Company” and must not duplicate any existing entity registered in New York State (name availability can be checked free of charge via the New York Department of State [NY DOS] official website).

2. Appoint a Registered Agent

A Registered Agent must maintain a physical street address within New York State-virtual email addresses or P.O. Boxes are not permitted. This agent receives legal documents on behalf of the company. Applicants from Xiamen need not travel to the U.S.

3. File Articles of Organization

Submit the Articles of Organization online to the New York State Department of State. The filing fee is $200, payable by credit card. Notarization is not required.

4. Fulfill the Publication Requirement

Unique to New York State, this step requires publishing a formation notice in a newspaper designated by the county where the company is registered-consecutively for six weeks. Fees typically range from $1,200 to $1,800. The Registered Agent usually handles this publication and submits the Affidavit of Publication as proof of compliance.

Simultaneously applying for a U.S. trademark Key focus on “bona fide intent-to-use”

U.S. trademark registration operates on a “first-to-use” (or “bona fide intent-to-use”) principle-not “first-to-file.” Applicants from Xiamen may file under Section 1(b) (“Intent-to-Use”) without having yet sold products or services in the U.S. However, once the trademark is approved, a Statement of Use (evidence of actual commercial use) must be filed within six months. Up to five extensions may be requested-each for six months-providing a total grace period of 36 months. In practice, most Xiamen-based clients begin actual use shortly after completing company formation-for example, upon launching their brand’s official website or Amazon storefront-ensuring tight chronological alignment between entity setup and trademark activation.

Core documentation required-Xiamen-side preparation checklist

1. High-resolution scanned copies of all members’ passports (bio-data page + valid U.S. visa or ESTA authorization page; Chinese passport holders must provide evidence of valid U.S. visa or ESTA approval);

2. Company operational address (a real office address in Xiamen is acceptable-no U.S. address is mandatory);

3. Vector-format brand logo files (AI or PDF), along with the intended classes of goods/services (classified per the Nice Classification system; it is recommended to initially cover core products in Class 1);

4. Signed Power of Attorney (POA), submitted as a scanned copy-no notarization required;

5. Preparatory materials for U.S. bank account opening

Employer Identification Number (EIN), obtainable free-of-charge from the IRS after company formation (processing time 4-7 business days);

Operating Agreement (not legally mandatory in NY, but strongly recommended for internal governance and third-party verification).

Important note effective 2026

The USPTO will fully implement the TEAS Plus application system, requiring applicants to provide accurate contact email addresses, precise timing details for the “use statement,” and corresponding responsible contact information. Any error in these fields will result in immediate rejection of the application. Therefore, Xiamen-based applicants filing independently must meticulously verify every selection and field entry. If engaging a U.S. trademark attorney or agent, confirm that they hold valid USPTO registration (verifiable via the USPTO website using their Attorney ID).

The above outlines a viable, actionable pathway for Xiamen-based entities to establish a New York State company and concurrently secure a U.S. trademark-along with key operational considerations. We hope this guide proves helpful.