TMEP 904.03(i)(A): Picture or Description of the Goods

October 2017 Edition of the TMEP

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904.03(i)(A)    Picture or Description of the Goods

In order for a display to be associated with the goods, something on the web page must show or describe the goods for the consumer, that is, a picture or description of the goods. See In re Sones, 590 F.3d 1282, 1288-89, 93 USPQ2d 1118, 1123-24 (Fed. Cir. 2009). A description will suffice if "the actual features or inherent characteristics of the goods are recognizable from the textual description." Id. at 1289, 93 USPQ2d at 1124. The level of detail required depends on the type of goods at issue. Id. Standard products (e.g., television sets, baseball gloves, or pet food) typically will not require a comprehensive description for the consumer to know what the goods are. Complicated or sophisticated products (e.g., computer products, medical devices, or industrial machinery) may require a more detailed description, in the absence of a picture of the goods.