You do not have to register your mark to acquire common law rights to it. Registering your mark with the Texas Secretary of State provides certain benefits:.To file online, use the Trademark Electronic Application System (TEAS) or fill out the free application form to get help filing a trademark. First to be sure that a patent is the right kind of protection and then on how to proceed with a patent application: 1. A stepbystep overview of a patent application and maintenance process. The five stages of a patent process. Getting a patent in Texas is the same as any other state. The patent application is filed with the United States Patent and Trademark Office (USPTO). To apply for a patent, you must file an application and pay required fees. Patent prosecution in Texas involves securing a patent from the US Patent and Trademark Office (USPTO) to protect an inventor's unique creation or idea.