There are three basic requirements: The mark must be "in use" in Texas before the date of the application. The mark must be distinctive.This guide covers a wide range of intellectual property topics, including copyright, patents, trademarks, and trade secrets. You can file an application to register your trademark or service mark with an intenttouse (ITU) filing basis. Applying for a Texas trademark registration is easy. Just fill out the Trademark or Service Mark Application Form, which can be obtained online. If you're an inventor or small business owner, you may be eligible for free legal assistance in preparing and filing a patent application. The United States Patent and Trademark Office (USPTO) is the federal agency for granting U.S. patents and registering trademarks. All of our services are provided free of charge.