Marketing

Taco Tuesday trademark battle may go on for years

Adobe Stock

June 27, 2023

The battle over whether "Taco Tuesday" is a legitimate trademark — raging now between Taco Bell and Taco John's — could take years to settle.

That's the prediction from Josh Gerben, a trademark attorney, who told CNN the battle is now "real" given some early wins by Taco Bell.

The legal fight is simple: Taco Bell doesn't want Taco John's to own the trademark to the phrase and has gone to court to cancel the trademark ownership.

In response Taco John's views Taco Bell's lawsuit as not worthy of even a response, according to the CNN report.

Taco Bell filed the paperwork in May with the U.S. Patent Trademark agency to cancel the trademark which Taco John's has had for 34 years.

That means anyone, whether Taco Bell or some other taco restaurant, that wants to use "Taco Tuesday" in any sort of marketing must get permission from Taco John's.

In its quest Taco Bell claims it should be "freely available" to all that make, eat, sell and enjoy tacos.

But Taco John's is defending its trademark rights.

Now the legal battle advances into what Gerben said is a discovery process which will involve surveys regarding how the American public connects the phrase to Taco John's or just the act of eating tacos on a Tuesday.

"This is not going to be something where Taco Bell is going to be able to declare victory anytime soon," he told CNN.