Re: Harley-Davidson sound trademark?

On 7/30/99, Bob Forbes <gls[_at_]trademarkinfo.com> wrote:
>
> On Wed, Jul 28, 1999, Michael Moore <mmoore[_at_]mtu.edu> wrote:
> >
> > The motorcycle manufacturer Harley-Davidson filed a request with the
> > PTO to trademark its 'unique' engine sound in 1994. Does anyone know
> > what the final adjudication of that case is? I know that several
> > other manufacturers submitted opposing views (which I'd like to track
> > down and read someday), but I haven't been able to find any updates,
> > either on the PTO site, or by searching the CNI archives, though I
> > know it was discussed here at one point.
> >
> > Does anyone have any pointers on how I might find the status of
> > that case?
>
> Serial number 74/485223 is the Harley Davidson sound mark. It is being
> opposed by Honda.

We actually discusssed this application in my trademarks class when I was in law school. Out professor was the number 2 or number 3 guy in the PTO and one day he discussed the harley appication. I was surprised that he did talk about it because he mentioned that he doubted it would be approved because there were too many issues with registering the sound alone as a mark. He mentioned only two other sound marks registered (a foghorn sound for a radio company in Boston and the three tone jingle for NBC). But he stated in this case that the harley sounds cannot be always reproduced exactly everytime - there was variation because of so manny factors. (That said, I have been able to tell a harley coming down the street for about 5 years now. No mistaking that sound really)

It was my impression that it had been denied but I guess I was wrong.

Rob Jones

robjones[_at_]robjob.com
robjob[_at_]robjones.com Received on Mon Aug 02 1999 - 20:27:30 GMT