## Facts

- Charles Seeberger coined and registered “ESCALATOR” in 1900 for moving stairways and assigned the registration to Otis Elevator Company.
- The registration was renewed in 1930.
- About two decades after renewal, Haughton Elevator Company petitioned to cancel the registration, alleging “escalator” had become the common product name.
- Evidence showed the general public used “escalator” to mean any moving stairway, not a single producer’s goods.
- Evidence also showed engineers and architects used “escalator” as the descriptive name for any moving stairway, without reference to manufacturer.
- Otis used “escalator” as a common noun in patents and trade-directed advertising, including usage alongside generic terms like “elevator.”
- The Examiner of Trade-Mark Interferences recommended cancellation, finding “ESCALATOR” had become a descriptive (generic) name.
- Seeberger appealed to the Commissioner of Patents.

## Issues

1. Whether “ESCALATOR” continued to function as a trademark identifying a single commercial source or had become the generic name for moving stairways.
2. Whether the trademark owner’s own generic usage in patents and advertising supported cancellation.
3. Whether the record showed loss of distinctiveness sufficient to cancel the registration.

## Decision

- The Commissioner of Patents affirmed the Examiner’s recommendation.
- The registration for “ESCALATOR” was cancelled.
- The Commissioner found the term had become the common descriptive name for the goods and no longer indicated source.

## Legal Principles

- A registered mark is subject to cancellation when the relevant public primarily understands the term as the name of the product rather than a source identifier.
- Widespread generic usage by both consumers and specialized trade professionals is strong evidence that a term has become generic.
- The registrant’s own treatment of a term as a common noun in patents and advertising is highly probative that the term lacks trademark significance.
- Failure to maintain distinctiveness and to prevent generic usage can support a finding that a mark has lost protectable status.

## Conclusion

The Commissioner of Patents cancelled the “ESCALATOR” registration because the evidence showed the term had become the generic name for moving stairways, including through widespread public and trade usage and the owner’s own generic use, so it no longer functioned as a trademark.


Haughton Elevator Co. v. Seeberger, 85 U.S.P.Q. (BNA) 80 (Comm’r Pat. 1950)