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