As reported by NPR, the widely recognized expression "Taco Tuesday" is now free for unrestricted use.
For over three decades, Taco John's had held the trademark for "Taco Tuesday" in all U.S. states except New Jersey, until Taco Bell filed a petition with the U.S. Patent and Trademark Office seeking to overturn it. Taco Bell argued that a commonplace phrase should not be owned exclusively by anyone.
In a statement issued on Tuesday, the CEO of Taco John's, Jim Creel, stated, "We've always prided ourselves on being the home of Taco Tuesday, but paying millions of dollars to lawyers to defend our mark just doesn't feel like the right thing to do."
If you are a business that has a phrase, word, symbol, device, or even a color, you may be eligible to seek trademark protection. The attorneys at Outside Legal Counsel are available for a consultation to help determine what can and cannot be trademarked.
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