1011.01 states if the foreign registration is not issued in color, the examining attorney may require evidence to establish that a colored mark in a United States application is a substantially exact representation of the mark in the foreign registration. Doesn't the mark speak for itself? What kind of evidence would the PTO be looking for here? The TMEP should be revised to provide greater clarity.
Chapter 1100 Intent-to-Use Applications and Requests to Divide
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