Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 5-19 EX 74/532,528 International 74/532,529 Flavors & 74/591,331 Fragrances 5-19 EX 74/676,293 Gilbarco, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services whether the Refusal "LIVING xxxx specimens of Affirmed FLAVORS" and record show "LIVING xxxx use of the FLAVOR" marks appear- [both marks for: ing in appli- essential oils for cant's draw- use in the ings manufacture of [propriety of flavored food- registering stuffs, smoking applicant's tobacco composi- marks incor- tions, smoking porating a tobacco articles, "phantom" or chewing tobacco "place compositions, holder" chewing gums, oral element] care products and beverages; non- synthetic and syn- thetic flavor sub- stances for use in the manufacture of flavored food- stuffs, etc.]; "LIVING xxxx" [non-synthetic and synthetic fragrances for use in the manu- facture of colognes, etc.; essential oils for use in the manu- facture of colognes, etc.] 2(e)(1) Refusal "SMARTPAD" Affirmed [electronic security devices comprising compu- ter memory and microcontroller elements and en- cryption software for encrypting data entries for use in connection with fuel dispensers] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB Yes No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION