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:.But any licensed attorney is permitted to prosecute trademark applications. Texas law requires you to use your trademark before you register it. To register a trademark in Texas, you must file an application with the Texas Secretary of State. An individual cannot give legal advice, offer representation in court, or handle many other legal matters without a license to practice law in Texas. To apply for a patent, you must file an application and pay required fees.