Taco Tuesday Trademark Dispute
Taco Tuesday Trademark Dispute
Taco Bell has filed a petition with the United States Patent & Trademark Office (UPSTO) arguing that the phrase “Taco Tuesday” should be cancelled, which would make the phrase available for anyone to use.
The Taco Tuesday trademark was registered in 1989 and is owned by Taco John’s which is based in Wyoming. Taco John’s began as a Food Truck and now operates and franchises almost 400 restaurants in 23 states.
The filing by Taco Bell states that too many businesses and others refer to “Taco Tuesday” for Taco John’s to be able to have exclusive rights to the phrase.
Taco John’s has enforced their trademark for Taco Tuesday aggressively. Reports show they even sent a Cease & Desist to a brewery located five blocks from their corporate headquarters with a warning to stop using the phrase Taco Tuesday on the brewery’s food truck.
Taco Bell which is operated by Yum! Brands along with Pizza Hut, KFC and The Habit Burger Grill and has more than 7,200 locates across the US and internationally.
The petition filed by Taco Bell is interesting. Are they filing the petition to avoid a potential infringement situation because they have used the mark Taco Tuesday, or are they truly trying to free up the widely used phrase by restaurants, food trucks and eateries everywhere. One could argue that Taco John’s could send cease & desists letters to thousands of establishments who are using the mark on their websites, signage, advertisements and marketing materials. Once Taco John’s replies and the filings begin we will likely learn more about the legal standing for this argument and a little more of the WHY behind this move by Taco Bell.
Taco John’s will have 40 days to respond to the petition, but the battle could drag out for over two (2) years, so stay tuned as this one could get very interesting.