Should “Taco Tuesday” belong to one taco chain?
Taco Bell is trying to cancel the trademark from Wyoming-based Taco John’s which has possessed it for more than three decades, long before it became a pop culture phenomenon.
Taco Bell says it wants to “liberate” the trademark that restricts other chains from using the phrase so that “Taco Tuesday” belongs to “all who make, sell, eat and celebrate tacos.”
On Tuesday the restaurant chain appealed to the Trademark Trial and Appeal Board, part of the U.S. Patent and Trademark Office, to cancel the trademark registration.
Taco John’s owns the trademark registration in 49 states. Another business called Gregory’s owns it in New Jersey, according to Taco Bell.
“Taco Bell seeks no damages or trademark rights in ‘Taco Tuesday,’” the company said in a statement. “It simply seeks common sense for usage of a common term.”
This is a “Taco Tuesday” throwdown years in the making.
“This Chain Owns the Taco Tuesday Trademark, and It’s Not Afraid to Sue You,” was the headline of a 2017 Vice article about the cease and desist letters Taco John’s sent to anyone infringing on the trademark or using the hashtag #TacoTuesday.
Taco John CEO Jim Creel thanked Taco Bell for “reminding everyone that Taco Tuesday is best celebrated at Taco John’s.”
“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,” Creel said in a statement to Axios. “If ‘living más’ means filling the pockets of Taco Bell’s army of lawyers, we’re not interested.”
According to CNN, it could take up to two years for the Trademark Trial and Appeal Board to reach a decision.
Taco John’s has 40 days to file a response and the case will move to a discovery period if the two chains don’t reach an agreement.
Taco Bell is asking its fans to show support for its efforts by signing a “Freeing Taco Tuesday petition” at Change.org.
A Taco John’s restaurant owner coined the phrase “Taco Twosday” in the early 1980s to increase sales with a 99-cent deal for two tacos on a slow day of the week, according to CNN.
The chain changed the phrase to “Taco Tuesday” and trademarked it in 1989.
