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
Section 806.03(j)(ii) states that a petition to amend the basis (from 1(b) to 44(e)) will not be granted if the amendment does not apply to all the goods/services; it is necessary to delete the goods that are not part of the request or file a request to divide. Why? It seems to me that if you can file an application with some goods based on Section 1(b) and some based on Section 44(e), you should be able to petition ...more »