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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

Harley-Davidson, Inc.,
a Wisconsin corporation
3700 West Juneau Avenue
Milwaukee, WI 53208

Sir:

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 presented herewith.

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.

HARLEY-DAVIDSON, INC.

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.

SEC. 2(F).

FOR MOTORCYCLES (U.S. CL. 19).

FIRST USE 0-0-1930; IN COMMERCE 0-0-1930.

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