Taco Bell fighting to cancel the trademark over “Taco Tuesday”

A Nacho Cheese Doritos Locos Taco
A Nacho Cheese Doritos Locos Taco Photo credit Jeff Bollier/USA TODAY NETWORK-Wisconsin, Green Bay Press-Gazette via Imagn Content Services, LLC

It’s many of our favorite day of the week, but did you know “Taco Tuesday” is actually a copyrighted and protected phrase?

Any business that seeks to use the words “Taco Tuesday” must seek the permission of Taco John’s, a Wyoming-based chain that has owned the trademark since 1989.

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However, Taco Bell is seeking to end that trademark, and has filed a petition with the US Patent and Trademark office to cancel the trademark, claiming the commonly used phrase “should be freely available to all who make, sell, eat and celebrate tacos.”

Taco Bell added that “nobody should have exclusive rights in a common phrase,” and that the use of the phrase “potentially subjects Taco Bell and anyone else who wants to share tacos with the world to the possibility of legal action or angry letters if they say ‘Taco Tuesday’ without express permission from [Taco John’s] — simply for pursuing happiness on a Tuesday.”

Trademark attorney Josh Gerben tells CNN that Taco Bell has a strong case, as over the years “Taco Tuesday” has become a “commonly used phrase.”

Taco John’s said in a statement, “Taco Bell has not reached out to us, so we have no comment on any possible trademark action.  Taco John’s would like to thank our worthy competitors at Taco Bell for reminding everyone that ‘Taco Tuesday’ is best celebrated at Taco John’s – the trademark owner of Taco Tuesday.”

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Featured Image Photo Credit: Jeff Bollier/USA TODAY NETWORK-Wisconsin, Green Bay Press-Gazette via Imagn Content Services, LLC