Sometimes there are decisions that boggle the mind. NoteStream’s application for their app icon trademark in a 3D perspective is one such decision. Presumably, the app icon will appear as a square on the smartphone or tablet, yet the application shows the icon “placed at an angle so that it appears three-dimensional with a stylized ‘N’ inside”.
The iTunes version of the app icon show the icon as every other icon: square and in 2 dimensions. Considering that the Trademark application was filed based on “intent to use” basis, query whether the USPTO accepts this iTunes version as a Specimen of Use? If yes, then we can interpret that as a broadening of the USPTO’s strict policy of ‘no material alteration’ between the Trademark and Specimen. However, if the USPTO rejects this Specimen, then NoteStream will have wasted money on a useless Trademark application.
USPTO TM application:
iTunes app icon: 
