Taco Bell Petitions Government To Cancel Trademark Of ‘Taco Tuesday’

In another public trademark battle, Taco Bell is fighting to cancel the federally registered trademark of the phrase “Taco Tuesday”. The phrase is trademarked by two small companies called Spicy Seasonings LLC and Gregory Hotel Inc., but Taco Bell’s argument suggests the “common phrase…should be freely available to all who make, sell, eat and celebrate tacos.”

The American multinational chain of fast-food restaurants serving a variety of Mexican-inspired foods, cites ‘reason and common sense’ with its ‘Taco Tuesday’ trademark removal petition, citing a recent survey it commissioned that showed 86% of consumers nationwide believed ‘Taco Tuesday’ was a common name that is “not associated with any particular company.”

Furthermore, Taco Bell argued “Taco Tuesday” is simply an “informational message” used “widely by the public and by merchants” to convey the “ordinary and familiar concept or custom of consuming tacos and related products on Tuesdays.”

“Because of the widespread use of ‘Taco Tuesday’ and the informational nature of the term, the public does not use or understand the term as a source identifier,” the petitions state.

The company, purchased by PepsiCo in 1978, is embracing the publicity the tiff is netting, and has designated a page on their official website to addressing the matter, “TACO BELL TACO TUESDAY TRADEMARK FAQ.” The page includes links to the actual legal petitions, which are available on the USPTO Trademark Trial and Appeal Board’s website: Spicy Seasonings (Taco John’s) and Gregory Hotel.

The Trademark Trial and Appeal Board, which is part of the US Patent and Trademark Office, can take up to two years before issuing a decision.