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Question
An applicant seeks to register the mark consisting solely of a decorative chevron pattern on the packaging of the 'SAVORIA' brand sauce. The pattern is used only on packaging; no word mark accompanies it. The company has used the pattern for 5 years and runs nationwide advertising. A market survey shows 62% of respondents associate the pattern with the applicant's sauces. A competitor uses a similar chevron pattern on its sauce packaging. The Trademark Office refuses registration, treating the pattern as a mere ornament and not capable of functioning as a trademark. The applicant appeals, contending that the pattern has acquired distinctiveness through use and advertising. (a) Identify the controlling doctrine governing registrability of decorative patterns such as this one. (b) Apply that doctrine to the facts: is the pattern registrable? Discuss whether the applicant has shown acquired distinctiveness/secondary meaning and address the potential impact of the competing mark on registrability.