How to Register a Company in the U.S.? What Are the Costs? A Complete Guide to Business Registration and Trademark Registration

Registering a company in the United States is neither as simple as setting up an online store and filling out a form, nor does it require retaining a team of lawyers on-site. In practice, most small- and medium-sized business owners or cross-border entrepreneurs choose Delaware or Wyoming as their state of incorporation. These two states feature mature legal frameworks, strong privacy protections, and low annual compliance costs. As of 2025, over 70% of Fortune 500 companies still maintain their corporate headquarters registered in Delaware. However, bear in mind the state of incorporation is not necessarily the state of operation. If you operate remotely from China, your U.S. company must still fulfill essential compliance requirements-including obtaining a Federal Employer Identification Number (EIN), registering for state taxes, and opening a U.S. bank account.

How to Register a Company in the U.S.? A Five-Step Process

1. Determine Your Business Entity Type

The two most commonly used structures are the Limited Liability Company (LLC) and the C-Corporation (C-Corp).

An LLC is ideal for startups and individual entrepreneurs it provides clear liability separation and flexible tax treatment.

A C-Corp suits businesses planning to raise venture capital or pursue an IPO; however, it is subject to double taxation (at both the corporate and shareholder levels).

An S-Corporation (S-Corp) serves as a middle-ground option-but imposes strict limitations on shareholder nationality and number.

2. Select Your State of Incorporation and Verify Name Availability

Both the Delaware Division of Corporations website (delaware.gov) and the Wyoming Secretary of State website (sos.wyo.gov) offer free, online business name search tools. Your chosen name must include a legally required suffix-such as “LLC” or “Inc.”-and must not duplicate any existing registered entity.

3. File Formation Documents

For an LLC submit a Certificate of Formation.

For a C-Corp submit a Certificate of Incorporation.

Both documents are filed online. Processing times and fees differ

Delaware offers expedited processing (24 hours) for $100, and standard processing (5-7 business days) for $90.

Wyoming charges a flat $100 filing fee with no expedited option.

4. Appoint a Registered Agent

You must designate a Registered Agent-a person or service provider with a physical street address in the U.S.-to receive official legal and tax correspondence on behalf of your company. Annual fees typically range from $100 to $300. This step is mandatory; failure to maintain a Registered Agent may result in administrative dissolution of your company by the state.

5. Apply for a Federal Employer Identification Number (EIN)

Apply free of charge via the IRS website (irs.gov). U.S. citizens/residents use their Social Security Number (SSN); non-resident foreign applicants may apply using a valid passport plus Form SS-4 submitted by mail (as they lack an SSN or Individual Taxpayer Identification Number [ITIN]). EIN assignment is generally instantaneous upon online submission. Without an EIN, you cannot open a U.S. bank account, hire employees, or file federal or state tax returns.

What Does It Cost to Register a U.S. Company? A Detailed Breakdown

State Filing Fees

• Delaware LLC $90

• Wyoming LLC $100

• Nevada LLC $425 (includes first-year franchise tax)

Registered Agent Annual Fee

Major providers (e.g., Northwest Registered Agent, Incfile) charge $125-$299 per year.

EIN Application Free

Bank Account Opening

Some digital banks (e.g., Mercury, Novo) charge no monthly fees. Traditional banks (e.g., Chase) often require a minimum deposit of $5,000.

Annual Compliance Maintenance Fees

• Delaware LLC Minimum $300/year (includes franchise tax)

• Wyoming LLC $60/year (no franchise tax)

Optional Expenses

• U.S. Mailing Address Service $50-$150/year

• Accounting Bookkeeping Services $200-$800/month (varies with business complexity)

Registering a U.S. Company ≠ Automatic Trademark Protection

U.S. trademark law follows a “first-to-use” principle-not “first-to-file.” Even after successfully incorporating your company, if another party has already used your business name (or a confusingly similar mark) in connection with identical or related goods/services, your registration may be challenged-or even cancelled-through opposition or cancellation proceedings. According to 2025 U.S. Patent and Trademark Office (USPTO) data, approximately 32% of trademark applications are rejected due to conflicts with prior rights.

How to Register a Trademark in the U.S.? Three Critical Steps

1. Conduct a Comprehensive Trademark Search

Use the USPTO’s free Trademark Electronic Search System (TESS) to perform a full-class clearance search-not only for identical word marks but also for phonetically similar, visually similar, or conceptually equivalent marks (including logos and designs).

2. File the Trademark Application

Submit your application electronically via the USPTO’s Trademark Electronic Application System (TEAS), choosing one of two bases

“Use-in-Commerce” Requires evidence proving actual commercial use of the mark in U.S. interstate or international trade (e.g., screenshots of e-commerce listings, product packaging, or advertising materials).

“Intent-to-Use” Allows filing before use begins; once approved, you have six months to submit proof of use (with up to five six-month extensions available, subject to fee payments).

3. Respond to Office Actions

Approximately 40% of applications receive an Office Action-an official communication from the USPTO examining attorney raising substantive or procedural objections. Common grounds include descriptiveness, lack of distinctiveness, or likelihood of confusion with a prior registered mark. You must respond professionally and thoroughly within six months; failure to do so results in abandonment of the application.

The above outlines the core operational logic and realistic cost structure for registering a U.S. company and securing trademark protection. We hope this information proves helpful. Before proceeding, clearly define your business’s actual operational footprint-avoid paying unnecessary recurring fees for a “shell company” with no real U.S. activities. And when it comes to trademarks act early, not late. Especially for cross-border e-commerce sellers and independent website operators, a registered U.S. trademark is your strongest legal tool against platform takedowns, counterfeit listings, and opportunistic third-party registrations.