Decision of the Trademark Trial and Appeal Board, denying petitioner’s registration application for the mark “One Nation Under God” for charity bracelets, is vacated and remanded as a picture is not a mandatory requirement for a website-based specimen of use, and the test for an acceptable website-based specimen, just as any other specimen, is simply that it must in some way evince that the mark is “associated” with the goods and services as an indicator of source.
Read In Re Sones, No. 2009-1140
Appellate Information
Appeal from: United States Patent and Trademark Office Trademark Trial and Appeal Board
Decided December 23, 2009
Judges
Before: Newman, Rader, and Linn, Circuit Judges
Opinion by Linn, Circuit Judge
Counsel
For Appellant: James R. Menker, Holley & Menker PA
For Appellee: Thomas V. Shaw, Associate Solicitor, US PTO
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