Taco Bell's lawyers petitioned the US Patent and Trademark Office (USPTO) on Tuesday, May 16, arguing that the term "Taco Tuesday" is now being used and owned by a fast food business in Wyoming while, in fact, "it should belong to everyone."
A Fight for 'Taco Tuesday'
So that it may be used by anybody who wants to create, sell, consume, or celebrate tacos, CBS News reported that Taco Bell is asking the authorities to invalidate the trademark over the word now held by fast-casual competitor Taco John's.
Taco Bell claims in its petition that it is not seeking any compensation or trademark protection with respect to Taco Tuesday.
"It simply seeks common sense for the usage of a common term. In filing the legal petitions, Taco Bell is honoring people's right to come together and celebrate the joys of tacos on Tuesdays and every other day," it added.
The same trademark belonging to Gregory Hotel, the parent business of Gregory's Restaurant and Bar in New Jersey, was also challenged in a suit filed by the international chain on Tuesday. According to Gregory's official website, the company has had the exclusive rights to use the "Taco Tuesday" brand in the state of New Jersey since 1979.
Businesses have utilized the term "Taco Tuesday" as a catchphrase in an effort to draw in consumers. In another case, the USPTO refused NBA star LeBron James' 2019 trademark application for Taco Tuesday on the grounds that the term is "commonly used in everyday speech," according to a report in The New York Times.
Taco Bell vs. Taco John's
Taco Bell argues that the idea behind Taco Tuesday is for people to "come together every week to celebrate something as simple, yet culturally phenomenal, as the taco." The fast food company owned by Yum Brands described the situation as complete chaos.
Taco Bell has over 6,600 franchise locations and over 450 company-owned stores in the US. Almost 60 years ago, the chain's first restaurant began serving what would later become known as the taco.
In a statement released on Tuesday, Taco John's CEO Jim Creel claimed that his firm is not willing to engage in battle with Taco Bell, "but when a big, bad bully threatens to take away the mark our forefathers originated so many decades ago, well, that just rings hollow to us."
Established in 1969 in Cheyenne, Taco John's has expanded to over 400 locations in 23 different states. In 1989, the trademark for "Taco Tuesday" was finally granted by the Patent and Trademark Office.
Creel told the AP News in an interview that the firm has sent letters to other companies requesting them not to use "Taco Tuesday" but that they have never gone to court over the term.
"Taco Bravo," "Softshell Saturday," "Wake up Wednesday," "Mexi Rolls," and "Nachos Navidad" are all trademarks of Taco John's as well, according to CBS News.
