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Taco Bell Tackles “Taco Tuesday”

On Tuesday, 16 May 2023, Taco Bell filed a petition to the US Patent and Trademark Office to cancel its competitors’ US trademark registrations for “Taco Tuesday.”

Gregory’s Restaurant & Bar, a New Jersey restaurant, has been the registrant for the “Taco Tuesday” trademark in New Jersey since 1995. Taco John’s, a Wyoming food chain, has been the registrant in all 49 other states since 1989. The registrants have used the phrase “Taco Tuesday” for more than 40 years.

In its petition to cancel the trademark registrations, Taco Bell argues that “Taco Tuesday” is too generic to be a registered trademark. The petition states that Taco Bell and the public “must be able to use the generic, informational term ‘Taco Tuesday’ to advertise and properly identify their own goods and services.”

The petition’s preface states “Taco Bell believes ‘Taco Tuesday’ is critical to everyone’s Tuesday. To deprive anyone of saying ‘Taco Tuesday’—be it Taco Bell or anyone who provides tacos to the world— is like depriving the world of sunshine itself.”

In response to the petition, Taco John’s has announced a two-week “Taco Tuesday” promotion. In an email statement, Taco John’s CEO said “I’d like to thank our worthy competitors at Taco Bell for reminding everyone that Taco Tuesday is best celebrated at Taco John’s.”

For Taco Bell’s petition against Taco John’s, click here.

For more information, see the following:

Reuters: https://www.reuters.com/legal/taco-bell-seeks-cancel-smaller-rivals-taco-tuesday-trademarks-2023-05-16/

CTV News: https://www.ctvnews.ca/business/taco-tuesday-trademark-tiff-flares-anew-between-fast-food-competitors-1.6401940

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