Haughton Elevator Co. v. Seeberger

85 U.S.P.Q. 80 (1950)

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Nature of the Case

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Facts

In 1900, D registered “ESCALATOR.” D then assigned it to Otis Elevator Company. D renewed the mark in 1930. P filed a petition to have the mark canceled. The Examiner recommended that the registration be canceled on the ground that the term “escalator” has become a descriptive name to both the general public and to engineers and architects and that, to them, the term not only does not mean a moving stairway made by the D but rather means any moving stairway without reference to the maker thereof. Otis has used the term as a generic descriptive term instead of an indication of origin, in a number of patents which have been issued to them and has also so used the name in their advertising matter which has appeared in magazines addressed to the trade which would be likely prospective customers for such devices.