The Law Office Of Art Dula

Protecting your intellectual property

Contact us

We want to help your business evolve

The Law Office Of Art Dula

Protecting your intellectual property

Contact us

We want to help your business evolve

Claim your vision - ™ your brand

We live in a time where originality, creativity and authenticity are key. Thus, Protecting your intellectual property is of vital importance. Trademark registration can guarantee your unique voice remains unique.

The Law Office Of Art Dula

Trade Mark registration can help:

  • Stop others from using your mark.
  • Make your copyrights stronger.
  • Set a priority date from which your mark is officially yours.
  • Add value to your business.
  • Prevent Import and export of infringing goods
  • Protect your domain name.

With over 30 years of experience in the field and being a Martindale Hubbell rated attorney, The Law Office of Art Dula is a boutique firm, providing an attentive, personally tailored service.

Our services include:

  • Trademark clearance searches and opinions.
  • Counseling on brand protection.
  • Branding advice.
  • Trademark registration and trademark protection counseling.
  • Intellectual property agreements and negotiations including trademark, copyright and patent assignments, licensing contracts, and other IP agreements.
  • Cease and desist letters.
  • Copyright registration.
  • DMCA notices.
  • Patent application and prosecution of patents before the USPTO.

First consultation meeting is free

Contact us – We want to help your business evolve

About Arthur M. Dula, Founder

Art Dula has been working in the field of Space and IP law for over 30 years. He began his firm in 1980. He received a bachelor’s degree in chemistry and mathematics, from Eastern New Mexico University, in 1969, and his Juris Doctorate, in civil law, from Tulane University,in 1975. Art is registered to practice before the United States Patent and Trademark Office. Furthermore, he is AV rated by Martendale Hubble and is admitted to practice before the U.S. Supreme Court, the U.S. Patent and Trademark Office, and Texas State and Federal Courts. Art is an adjunct professor at the University of Houston and lectures in Space Law. He is also a past Chairman of the American Bar Association’s Section on Science & Technology and Aerospace Law Committee.
Art Dula Principal
Art Dula
Principal
Licensed in Texas
Scott Maddox Patent Attorney
Scott Maddox
Patent Attorney
Licensed in Texas
Anat Friedman Associate Attorney
Anat Friedman
Associate Attorney

Licensed in Israel

Shirazi Jaleel-Khan Associate Attorney
Shirazi Jaleel-Khan
Associate Attorney
Licensed in Texas, New York & Sri Lanka

Common Q&A

You should first conduct a trademark clearance search and have an attorney review the results first and then file a TM application.

About 1 Year from date of application

A trademark is a source indicator. In the US you get Trademark rights the moment you use a mark in commerce. However this common law trademark rights are very limited.

A registration gives you stronger protection and the right to stop another person from using your mark. It gives others notice of your rights and that you are claiming this mark as a trademark.

Because one can file an intent to use application in the United States, an application gives you a priority use date even if you haven’t started using your mark in commerce
Gives value to your business – this value in a trademark is carried as goodwill in the company

Gives you a stronger right to stop others from using your trademark.
You can register you registered trademark with the customs and border patrol to prevent import and export of infringing goods
You can prevent domain names that are the same as your trademark being registered

A sworn statement that the mark is being used in commerce on all the goods and/or services designated in the application. You may delete any goods/services for which the mark is not in use. The SOU must also include:

  1. A filing fee of $100 per international class;
  2. a verification or declaration signed by the applicant or a person properly authorized to sign on behalf of the applicant that the mark is in use in commerce
  3. One specimen of the mark used in commerce  for each class

If there is no opposition filed after the publication of the mark the USPTO will issue a Notice of Allowance (NOA) for intent to use applications.  A NOA indicates that the mark has been allowed, but does not mean that it has been registered.

A Specimen is an actual example of how the mark is actually used on the goods and/or services or in connection to the goods and/or services in commerce. It can not be a CAD drawing or a photoshopped image.         

  • For goods: the specimen may be a photograph of the mark on the goods, a label or a tag or package insert         
  • For services: the specimen may be an advertisement, brochure, business  card or a webpage; as long as the services are described and the mark is clearly displayed

A mark is published in the official gazette to give notice to other of the mark and any person who believes that the issuance of this mark will infringe their trademark may  oppose the registration of a mark by filing an opposition or an extension to file an opposition within 30 days of the publication

Yes –

  1. Use the Circle R , registered sign next to your mark or give notice in the form of “ This mark is a registered mark of XXXXX”
  2. Police your mark to make sure no one else is using it.
  3. File a section 8 declaration of use  between the 5th and 6th year of registration.
  4. File a declaration of use and renewal between the 9th and 10th year after registration and every 10 years there after
  5. Continue to use your mark in commerce for the listed goods and services.
  6. Use the Logo exactly like you registered it. File a new application if you change your logo

3106 Beauchamp, Houston Texas 77009 |  (713) 861-1960