Escalator: When Fame Ends a Trademark

By: Amer Al-Nasser/ AGIP Nordic

The Beginning In 1900, inventor Charles Seeberger coined the word Escalator for his moving staircase design and registered it as a trademark. A year later, he assigned the rights to the Otis Elevator Company, which marketed the product under that name.

The Turning Point
As moving staircases spread, people stopped seeing Escalator as a brand and began using it as the everyday word for any moving staircase. Even Otis sometimes used the term generically in its own materials. By the mid-20th century, escalator was no longer associated only with Otis but with the product itself.

The End of the Trademark In 1950, in Haughton Elevator Co. v. Seeberger (85 U.S.P.Q. 80), the U.S. Patent Office officially cancelled the ESCALATOR registration. The ruling found that the word had become generic and no longer functioned as a trademark.

The Lesson This process, known as genericide, shows how a brand can lose legal protection if it becomes too closely tied to the product itself. Other victims include Aspirin, Thermos, and Yo-Yo. By contrast, companies like Google, Xerox, and Kleenex fight to protect their marks by reminding the public to treat them as brands, not product names.

Conclusion
The story of Escalator is a reminder that success in the marketplace must be balanced with careful trademark management. Popularity builds recognition, but without vigilance, it can also erase the very rights that make a brand unique.

For legal advice on trademark protection, you can reach out to us at AGIP.com