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In most cases, the pursuit of good vibes isn’t enough to overturn a trademark — but Taco Bell is certainly trying.
The popular fast-food chain set its sights on the term “Taco Tuesday” which it wants to use freely to promote sales happiness among taco lovers. There’s just one problem.
Though the phrase is frequently used in conversation, it’s actually a registered trademark owned by the Wyoming-based chain Taco John’s and has been since 1989.
On May 16, Taco Bell filed a with the USPTO requesting the reversal of the trademark, claiming the term is too common and widely used for Taco John’s to maintain the rights to it. Taco Bell claims the goal in this filing is to “liberate” the term for any and all restaurants to use freely.
It’s not the first time “Taco Tuesday” has been involved in trademark controversy.
In 2019 Lebron James attempted to trademark the term but was by the PTO because it was too widely used. Naturally, James released a supporting Taco Bell’s efforts to overturn the trademark and is now starring in the company’s latest ad.
We're working on it, LeBron.
Through the , the on change.org, and the partnership with James, the liberation of “Taco Tuesday” feels more like a marketing campaign than a legal pursuit.
However, Taco John’s isn’t taking the challenge lying down. The company released a (hilariously petty) in response to Taco Bell announcing a new Tuesday special offering two tacos for $2.
In the statement, Taco John’s CEO Jim Creel says, “I’d like to thank our worthy competitors at Taco Bell for reminding everyone that Taco Tuesday? is best celebrated at Taco John’s?.”
We’re anxiously awaiting the USPTO’s response to this taco saga…
Elsewhere in Marketing
The latest marketing news and strategy insights.
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Meta just rolled out a performance-based to replace its Reels Play bonus program that sunset earlier this year.
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The latest on AI: the 51吃瓜 Marketing Blog just released the State of Generative AI, featuring new data from over 1300 marketers.
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