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May 30, 2023

Legal News

May 30, 2023

Taco Tuesday

Taco Bell, a fast-food chain with over 7,200 locations in the U.S. and 1,000 locations internationally, has filed a petition with the U.S. Patent and Trademark Office to reverse the trademark held by Taco John's for the phrase, "Taco Tuesday". Taco John's, a rival taco chain with around 400 locations in 23 states, obtained the trademark for the phrase, “Taco Tuesday”, in 1989; however, Taco Bell is now arguing that the phrase should be available for general use without legal consequences.

Currently, Taco John’s holds the trademark for the phrase, “Taco Tuesday”, in all states, except New Jersey, while Gregory Hotel, Inc., presently holds the trademark for the State of New Jersey; and thus, Taco Bell is also challenging their trademark, as well.

If Taco Bell is successful in its effort to reverse Taco John’s trademark, it would mean that the phrase, "Taco Tuesday'', would no longer be a trademarked term, allowing other businesses to use the phrase without fear of legal action from Taco John's or Gregory Hotel, Inc., and thus, the implications of Taco Bell winning the legal battle would be quite significant.

More importantly, however, the outcome of this legal battle could have implications for other trademarks. If successful, Taco Bell’s legal challenge could set a precedent that would make it more difficult for businesses to trademark common phrases by creating a clear path to challenging their enforceability, negatively impacting businesses that rely on trademarks to protect their brands.

Ultimately, the legal battle between Taco Bell and Taco John's is still ongoing, and presently, it remains unclear how the case will be resolved; however, the outcome of this case could have a significant impact on both the taco market and on the trademark landscape, as a whole.

The attorneys at Outside Legal Counsel LLP have extensive experience with trademarks and can provide valuable advise to businesses looking to protect their brand.

This is not legal advice and is attorney advertising

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