The mark must be "in use" in Texas before the date of the application. The mark must be distinctive.If a service mark, list specific services):. You can file an application to register your trademark or service mark with an intenttouse (ITU) filing basis. Date the mark was first used in Texas: Date the mark was first used anywhere: 8. A priority date patent establishes the priority date as the earliest date an application may claim precedence. Provisional patent applications are unexamined documents used to establish a filing date. To file online, use the Trademark Electronic Application System (TEAS) or fill out the free application form to get help filing a trademark. This is because American trademark applications are examined in the order that they are filed, not the date that the trademark was first used. No application for patent shall be entitled to this right of priority unless a claim is filed in the Patent and Trademark Office.