1-2 is short answer and 1-5 is true or false

Facts: The Hershey Chocolate and Confectionery Corporation (Hershey) filed an application with the USPTO for a trademark to protect the product design of its chocolate bar. The application described the configuration of the candy bar as "twelve (12) equally-sized recessed rectangular panels arranged in a four panel by three panel format with each panel having its own raised border within a large rectangle." The USPTO's Examining Attorney refused registration on two grounds: (1) that applicant's proposed mark is a functional configuration of the goods, and (2) it consists of a nondistinctive configuration of the goods that does not function as a mark under existing trademark law. Hershey appealed the decision Issue: Is the candy bar's configuration non-functional and has it acquired secondary meaning necessary to gain trademark protection? Ruling: Yes. In terms of functionality, the board held that the prominent decorative recessed rectangle and raised border design didn't fall into the functional category, because its sole purpose was as a unique branding design. With respect to secondary meaning, the board pointed to several factors that indicate a secondary meaning has been created. Answers to case questions: 1. What were the major factors used by the board in determining secondary meaning? 6 2. Why does Hershey's have to show secondary meaning to obtain trademark protection? 1. Hershey's "four by three" design does not qualify as an arbitrary, fanciful or suggestive mark. 2. Should other candy manufacturers use Hershey's "four by three" design on their milk chocolate candy bars, they would be guilty of infringement, because consumers would be confused with respect to the identity of the candy. 3. If manufacturers of wallets and purses placed Hershey's "four by three" design on the outside coverings of the wallets and purses, they would be guilty of infringement if the purchasers believed they were buying Hershey's wallets and purses. 4. Hershey's "four by three" design has become so recognizable and ubiquitous it risks becoming generic. 5. During the registration process, the USPTO examines the mark for distinctiveness, checks for any similar marks that are already registered, and ensures compliance with trademark registration standards