"A Picture Was Worth a Thousand Words Now, It May Not Even Be Necessary," R. Eric Gaum, Esq. and Jason R. Strobel, Esq.

Until now, a trademark specimen of use from a website selling a product needed to include a picture of the relevant product with the trademark near enough to the picture to associate the product with the trademark, as well as information necessary to order the goods. In its recent decision in In re Sones, the Court of Appeals for the Federal Circuit vacated a rejection of a specimen of use by the Trademark Trial and Appeal Board, holding that a picture is not a mandatory requirement for a website-based specimen of use.