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We hold that substantial evidence supports the Board's determination that Louisiana Fish Fry did not carry its burden of showing that FISH FRY PRODUCTS acquired distinctiveness. On that basis, the PTO's decision refusing to register LOUISIANA FISH FRY PRODUCTS BRING THE TASTE OF LOUISIANA HOME! absent a disclaimer of FISH FRY PRODUCTS is affirmed.

Louisiana Fish Fry challenges the PTO's requirement that it must disclaim FISH FRY PRODUCTS as a condition for registering the mark LOUISIANA FISH FRY PRODUCTS BRING THE TASTE OF LOUISIANA HOME!. Specifically, Louisiana Fish Fry contends that the PTO failed to meet its burden to establish that the term FISH FRY PRODUCTS is generic and that the term has acquired distinctiveness.

Louisiana Fish Fry Products, Baton Rouge, LA

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The Board conditionally approved the application to register the phrase “EST.1982 LOUISIANA FISH FRY PRODUCTS BRING THE TASTE OF LOUISIANA HOME!” including design elements, on the applicant's disclaimer of any exclusive right in the term “fish fry products.” The applicant refused to file this disclaimer.

The Board also affirmed the Examining Attorney's conclusion that Louisiana Fish Fry failed to carry its burden of showing that FISH FRY PRODUCTS has acquired distinctiveness. Id. at *27. The evidence that Louisiana Fish Fry submitted only related to the mark LOUISIANA FISH FRY PRODUCTS, and not specifically to FISH FRY PRODUCTS. Id. at *27. The Board thus affirmed the Examining Attorney's refusal to register LOUISIANA FISH FRY PRODUCTS BRING THE TASTE OF LOUISIANA HOME! without a disclaimer of FISH FRY PRODUCTS. Id. at *28.