Here's the 1/95 application by Harley-Davidson, Inc. to have the sound
of their motorcycles trademarked. The spokesperson for the company has
stated that competitors have attempted to copy their unique sound, which
would confuse consumers and undermine the value of their motorcycles.
Mark: MOTORCYCLE EXHAUST SOUND
Int. Class No.: 12
To the Assistant Secretary and Commissioner
of Patents and Trademarks
Washington, D.C. 20231
a Wisconsin corporation
3700 West Juneau Avenue
Milwaukee, WI 53208
The above-identified applicant has adopted and is using the trademark
described in the accompanying drawing for motorcycles in International
Class 12. Applicant requests that said mark be registered in the United
States Patent and Trademark Office on the Principal Register established
by the Act of July 5, 1946.
The trademark was first used in connection with the goods in
International Class 12 by applicant's predecessor at least as early as
1930; was first used in connection with the goods in International Class
12 in interstate commerce at least as early as 1930; and is now in use
in such commerce.
The mark consists of the exhaust sound of a Harley- Davidson motorcycle.
The sound mark is emitted when the goods are in use, and three specimen
recordings which incorporate the sound mark as actually used are
Applicant hereby appoints Fred Wiviott, Dyann L. Bumpke, Glenn A. Buse,
Robert E. Clemency, Joseph A. Gemignani, David R. Price, David B. Smith,
Timothy M. Kelley, Kenneth D. Wahlin, Thomas A. Miller, Billie Jean
Strandt, and Jeffrey D. Hunt, members of the Bar of the State of
Wisconsin, all of Michael Best and Friedrich, 100 East Wisconsin Avenue,
Milwaukee, WI 53202, and Thomas P. Arden, member of the Bar of the State
of Illinois, of Harley-Davidson, Inc., 3700 West Juneau Avenue, P. O.
Box 653, Milwaukee, WI 53201, to prosecute this application to register
and to transact all business in the Patent and Trademark Office in
connection therewith, and to receive the Certificate of Registration.
Please address all correspondence to Thomas P. Arden, Legal Counsel,
Harley-Davidson, Inc., P. O. Box 653, Milwaukee, WI 53201; Telephone
Number: (414) 935-4608.
Timothy K. Hoelter, being hereby warned that willful false statements
and the like 80 made are punishable by fine or imprisonment, or both,
under Section 1001 of Title 18 of the United States Code and that such
willful false statements may jeopardize the validity of the application
or any registration resulting therefrom, declares that he is an officer
of Applicant and is authorized to execute this instrument on behalf of
said Applicant; he believes said Applicant to be the owner of the
trademark sought to be registered; to the best of his knowledge and
belief no other person, firm, corporation or association has the right
to use said mark in commerce, either in the identical form or in such
near resemblance thereto as may be likely, when applied to the goods of
such other person, to cause confusion, or to cause mistake, or to
deceive; the facts set forth in this application are true; and all
statements made of his own knowledge are true and all statements made on
information and belief are believed to be true.
Dated: 17 January, 1994
By: /s/Timothy K. Hoelter
Vice President and General Counsel
Docket No. 43210/9695
APPLICANT: Harley-Davidson, Inc.
ADDRESS: 3700 West Juneau Avenue
Milwaukee, WI 53208
FIRST USE: At least as early as 1930
FIRST USE IN INTERSTATE COMMERCE: At least as early as 1930
GOODS: Motorcycles in Int. Class 12
The mark consists of the exhaust sound of a Harley-Davidson motorcycle.
SN 74-485,223. HARLEY-DAVIDSON, INC., MILWAUKEE, WI. FILED 2-1-1994
THE MARK CONSISTS OF THE EXHAUST SOUND OF APPLICANT'S MOTORCYCLES,
PRODUCED BY V-TWIN, COMMON CRANKPIN MOTORCYCLE ENGINES WHEN THE GOODS
ARE IN USE.
FOR MOTORCYCLES (U.S. CL. 19).
FIRST USE 0-0-1930; IN COMMERCE 0-0-1930.
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