Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 11-26 EX 74/032,585 Sambado & Son, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services whether the Refusal "FRUTTA FRESCA" Board will Affirmed (in stylized let- review the (on the basis tering) Examining of generic- [fresh deciduous Organiza- ness), but fruits] tion's deter- the Board re- mination that fused to there was review (i.e., "clear error" "second in the ini- guess") the tial examina- Examining tion of this Organiza- intent-to-use tion's application "clear error" ("clear determination error" being the standard for issuance of a new sub- stantive re- fusal once the statement of use was submitted); whether the matter sought to be regis- tered is capable of registration on the Sup- plemental Register [genericness] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB Yes (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION