Assurant’s Pocket Geek App is protected not by one but two US TM applications. In August 2014, Assurant applied for the same image, one with black ink on a white background and the other its negative, white ink on a black background.
This is wise practice, since it is reasonable to assume that one image is different enough from the other to merit its own TM, and it’s cheaper to register the TM than find out in litigation that one Mark does not protect the other image.
The one curious thing about these files is that Assurant used the same Specimen, white ink on a dark background, to demonstrate use of both Marks, and the USPTO Examiner did not object, even though Assurant had a perfectly good black ink on white background Mark in use on iTunes.
USPTO application 86033858
USPTO Application 86034026
App Icon on iTunes
USPTO Specimen of Use for both applications
