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.
Appeal from: United States Patent and Trademark Office Trademark Trial and Appeal Board
Decided December 23, 2009
Opinion by Linn, Circuit Judge
For Appellant: James R. Menker, Holley & Menker PA
For Appellee: Thomas V. Shaw, Associate Solicitor, US PTO