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Sound Marks, and What Happened to Harley Davidson's Sound Mark Application

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Fred Charpie has put together an informative and enjoyable presentation about how sounds can be trademarked.  The presentation also describes Harley Davidson's efforts to obtain a mark on its V-twin engine sound, and the efforts by Harley's competitors to oppose the sound mark.  Fred's presentation is available at the following link:  Non-Traditional Marks: Sound Presentation

The presentation includes examples of some well known sound marks that can be listened to by double clicking the sound icons:  the NBC chimes, the Pillsbury Doughboy, the Aflac Duck, America Online's "You've Got Mail!," the New York Stock Exchange closing bell, and Aamco Transmission's "Double A (beep beep) M C O."

The presentation explains that a sound mark identifies and distinguishes a product or service through audio rather than visual means.  Examples of sound marks include:  (1) a series of tones or musical notes, with or without words, and (2) wording accompanied by music.  Audio cassettes, CDs or .wav files may be accepted as specimens for sound marks.

As a particular example, the presentation describes what happened to Harley Davidson's application for a sound mark on their V-twin engine.  This engine sound has been described as a syncopated "potato-potato-potato" sound (judge for yourself by clicking the sound icon).  The presentation describes Harley Davidson's efforts to obtain the sound mark, and the oppositions filed by Harley's competitors to try to prevent them from obtaining the mark.