Evan owns a restaurant in Texas and wants to register his brand trademark with the United States Patent and Trademark Office. When he files his registration, he outlines why he feels his trademark is distinctive by including the following description of his trademark: "My logo includes the following elements: The State of Texas Flag, the words "Evan's big eats" above the State of Texas Flag, two 6 shooter pistols adorn the bottom of the flag, the background is red and green, and has the faded words "don't tread on me" barely visible, and scrolled horizontally in the center." For this question, argue whether you think the US Patent and Trademark Office should grant Evan's application for a trademark based on the above facts. If you have to make any assumptions make sure to list them in your answer.