In Texas, there are two requirements for trademark registration.
First, the mark must currently be in use. This means that you must be actively using the trademark on sold products or service advertisements in Texas before submitting the application. If you register before you start using the mark, the trademark examiner will deny your application without a refund. Second, the mark must be distinct. This means that the words, symbols, names, logos, and devices must be unique. If the mark consists mainly of common descriptions of a product/service or a surname (e.g., “Delicious Ice Cream,” or “Petersen’s”), it cannot be registered.