Taco Bell Fights To Free The 'Taco Tuesday' Trademark From Taco John's
As far as days of the week go, the case can be made that Tuesday is the best — because of the tacos, of course. Who among us hasn't uttered the words "Taco Tuesday" while planning a post-work Mexican-inspired taco meal? Tacos are a perfect food — handheld, endlessly customizable, and darn tasty, and the bastion of modern tacos is Taco Bell. It seems only natural that the chain would utilize the popular tagline, and yet it hasn't.
It turns out that "Taco Tuesday" is trademarked — and not to Taco Bell.
The company announced recently its intent to try to "free" the trademarked phrase from its current owner, a taco chain called Taco John's. That's right — Taco Bell wants to use the "Taco Tuesday" phrase because of how ubiquitous it has become in the cultural lexicon. And the chain's argument isn't outlandish; trademark law has carve-outs for phrases that are widely used, even if they've been protected by a trademark in the past.
Taco Bell seems to have trademark law on its side
Taco John's first trademarked the term "Taco Tuesday" in 1989, after using a variation of it to promote a deal on Tuesdays for — well, tacos. Since then, the phrasing has become iconic far beyond the realm of Taco John's, and it is for that reason Taco Bell hopes to have the trademark undone. The company plans to file a petition with the Trademark Trial and Appeal Board. Speaking to CNN, trademark attorney Josh Gerben explained why they may have a case, saying the phrase "has become a cultural phenomenon with a long history of being used by individuals and companies other than the current owner of the trademark."
Taco John's doesn't seem particularly concerned, issuing a statement thanking Taco Bell for "reminding everyone that 'Taco Tuesday' is best celebrated at Taco John's." However, it's a safe bet that the majority of people who are familiar with "Taco Tuesday" as a concept have not heard of Taco John's — there are fewer than 400 in operation, compared to Taco Bell's more than 7,200 restaurants.
Once the petition is filed by Taco Bell, Taco John's will have 40 days to respond before the case moves forward to discovery and, potentially, in front of a panel of judges. The panel would ultimately decide whether or not to continue to uphold the trademark protection, or free "Taco Tuesday" for everyone hoping to capitalize on the best day of the week.