Taco John’s agrees to drop ‘Taco Tuesday’ trademark following Taco Bell challenge

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Update:

• Taco John’s agreed to relinquish its trademark, held by Spicy Seasonings LLC and Gregory Hotel Inc., on the term “Taco Tuesday” to end a petition Taco Bell filed over the term.
• Taco John’s pledged to donate $40,000 to non-profit organization Children of Restaurant Employees (CORE), which supports restaurant workers with children by providing financial relief when either the employee, spouse or child faces a life-altering health crisis, injury, death or natural disaster.
• It then challenged Taco Bell to also donate $100 per restaurant, a total of $720,000, to CORE and also challenged Taco Bell’s “Taco Tuesday” spokesperson LeBron James to do the same. That is less than legal costs would have been to continue the lawsuit, Taco John’s claims.

Taco Bell ‘Taco Tuesday’ trademark petitions overview: 

• Who: Taco Bell has petitioned the U.S. Patent and Trademark Office to cancel the federally registered trademark for the phrase “Taco Tuesday” by Spicy Seasonings LLC and Gregory Hotel Inc. 
• Why: Taco Bell argues “Taco Tuesday” is a common phrase that “should be freely available to all who make, sell, eat and celebrate tacos.” 
• Where: The Taco Bell petition affects trademarks nationwide. 
• What are my options: Create your own Taco Tuesday at home with ingredients from Thrive Market. 

(May 25, 2023)

Taco Bell has petitioned the U.S. Patent and Trademark Office to cancel two smaller companies’ trademarks of the phrase “Taco Tuesday,” arguing it is a “common phrase” that “should be freely available to all who make, sell, eat and celebrate tacos.” 

Spicy Seasonings LLC — by way of its predecessor Taco John’s Seasonings — and Gregory Hotel Inc. have owned federal trademark registrations for “Taco Tuesday” since 1989 and 1995, respectively, according to separately-filed Taco Bell petitions.

Taco Bell argues that, by owning the trademark registrations, anyone “who wants to share tacos with the world” is subject to legal action if they say “Taco Tuesday” without the two companies’ express permission. 

“This Petition is brought because Taco Bell believes that tacos, just like the joy they bring, belong to everyone on any day. Ergo, ‘Taco Tuesday’ should belong to everyone,” the Taco Bell petitions state. 

Taco Bell simply seeking ‘reason and common sense’ with ‘Taco Tuesday’ trademark removal petition

Taco Bell says it is not seeking any damages, but simply “reason and common sense.” 

“If one of us is not free to celebrate ‘Taco Tuesday,’ then none of us are free to celebrate ‘Taco Tuesday.’ A win for Taco Bell here is a win for all. When tacos win, we all win,” the petitions state. 

The fast-food restaurant argue a recent survey it commissioned showed 86% of consumers nationwide believed ‘Taco Tuesday’ was a common name that is “not associated with any particular company.”

Further, 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. 

A class action lawsuit was filed against Taco Bell in September 2019 over claims the restaurant overcharged customers’ for its Chalupa Cravings Boxes. 

Do you believe ‘Taco Tuesday’ should no longer be federally trademarked? Let us know in the comments.

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