Doggie Gone may have set a precedent in the App Icon TM world: its black and white specimen of use was rejected. Doggie Gone, a game about a wayward dog, filed US TM application No. 86249410 on April 11, 2014.
The Examiner did not accept the black and white specimen of use based on the fact that the specimen, demonstrating how the App is presented in the marketplace (iTunes, Google Play, etc.), did not match the App Icon drawing. There were numerous inconsistencies, one of which was color versus black and white. The Applicant corrected the error by filing a proper color image instead.
Could this signal the end of black and white images? We will have to see how future App Icon applications will be treated.
Specimen with Doggie Gone US TM Application
Doggie Gone App Icon
