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