In Re Sones, No. 2009-1140

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