The Harley-Davidson Sound Trademark

Harley-Davidson, often abbreviated as Harley, is a motorcycle manufacturer in America. Harley-Davidson sells heavyweight motorcycles designed for cruising on the highway. Harley-Davidson sustains a loyal brand community which keeps active through Harley-Davidson clubs and events. Licensing of the Harley-Davidson brand and logo accounted for $40 million of the company’s net revenue in 2010.

Harleys have a distinctive design and exhaust note and in 1994, the company filed a sound trade mark application. The distinctive sound of the Harley-Davidson motorcycle engine is produced by V-twin, common crankpin motorcycle engines when in use. Harley-Davidson competitors opposed the trade mark application, arguing that cruiser-style motorcycles of various brands use a single-crankpin V-twin engine which produce a similar sound. These objections were followed by litigation. In 2000 Harley-Davidson dropped efforts to federally register its the sound of a Harley trade mark.

More information regarding Trade Marks:

Trade Mark a color in South Africa – The South African Trade Marks Act specifically provides for the registration of non-conventional trade marks, such as colors. A mark is defined as any sign capable of being represented graphically including, shapes…

Trade Mark Search – It is always advisable that the trade mark be searched before the application is made. In order to be considered register-able, your trade mark must be capable of distinguishing your goods or services from those of your competitors…

Trade Mark Requirements – It serves the purpose of distinguishing the goods/services of one trader from those of another trader. It does not consist exclusively of a sign or an indication which may serve, in trade, to designate the kind, quality, quantity, intended…

Trade Mark Application Requirements – We would require you to provide us with a copy of your intended trademark – be it a simple name or slogan, or a stylised logo. We would also require details of all products or services that you intend…

Trade Mark Exclusions – Marks that may NOT be Registered: Emblems fall under the protection of the Merchandise Marks Act. The following are regarded as state emblems: Seal of the Republic, Coat of Arms of the Republic…

Trade Mark Costs – Contact us to request prices for trade mark searches, applications, renewals and trade mark assignments….

International Trade Mark Protection – Your mark should be registered in the countries in which you offer your products or services under that mark. You should also consider filing in countries where you intend to use the mark in the future…

Trade Mark Protection in South Africa – A trade mark is a mark which distinguishes your goods or services from goods or services of others in South Africa, or elsewhere. Trade  Marks are register-able in terms of the South African Trade Marks…

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