Once the USPTO issues a Notice of Allowance for a trademark registration application, if not already done, a Specimen of Use, showing the mark as used with the identified goods/services in interstate commerce, must be submitted by the applicant. For years, the USPTO has mandated that for goods, a website-based specimen must include a picture.
But as a holiday gift to U.S. trademark owners, the Court of Appeals for the Federal Circuit (In re: Michael Sones, 09-1140, 23 December 2009 (precedential)) struck down the picture requirement, stating "we see no reason why websites must necessarily have pictures to associate a trademark with the goods being sold".
Instead, the new "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 serves as an indicator of source."
Rest that Camera?
