Fast food company, Taco Bell has filed a Petition to Cancel the trademark registration for “TACO TUESDAY.” Taco Bell wants everyone to be able to use the phrase without worry of legal recourse from the trademark owner, a small restaurant chain called Taco John’s.
CNN discussed Taco Bell’s Petition with trademark attorney Josh Gerben.
U.S. trademark law “prevents the registration of common phrases or phrases that become commonplace after a registration is granted,” explains Gerben.
Taco Bell has a “strong case,” because the “TACO TUESDAY” 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,” he told CNN.
Taco John’s believes that it invented the popular phrase, but Gerben thinks that it may not be a strong enough defense. The “TACO TUESDAY” phrase is “widely used by Americans in a way that has nothing to do with the Defendant’s restaurant,” he added.
Source: Valinsky, Jordan. CNN.com. “Taco Bell is fighting to cancel the ‘Taco Tuesday’ trademark”. 16 May 2023.