By Bob Fertsch
Taco Bell filed a legal petition this week to cancel the decades-old federal trademark registrations for “Taco Tuesday.” Gregory’s of Somers Point owns the trademark in New Jersey. They first used the phrase back in 1979 and then trademarked it with state. Restaurant chain Taco John’s owns the rights in the other 49 states.
If approved, Taco Bell’s petition would cancel the existing trademark held by Gregory’s and Taco John’s so all restaurants could use the term freely. The fast-food chain says it does not want to use it for itself alone.
“Taco Bell believes ’Taco Tuesday’ should belong to all who make, sell, eat and celebrate tacos,” the company wrote in a statement. “In fact, the very essence of ‘Taco Tuesday’ is to celebrate the commonality amongst people of all walks of life who come together every week to celebrate something as simple, yet culturally phenomenal, as the taco.”
Taco Bell may have a strong case. “Taco Tuesday” is a fairly common phrase among businesses and the public. U.S. trademark law “prevents the registration of common phrases or phrases that become commonplace after a registration is granted,” trademark attorney Josh Gerben told CNN. The battle for “Taco Tuesday” could eventually lead to a trial if an agreement isn’t reached.
Gregory’s, located at 900 Shore Road in Somers Point, first used the phrase in 1979 when the family-owned restaurant and bar began serving tacos solely on Tuesdays. But the small business failed to renew the trademark properly and the USPTO canceled it.
To gain public support and attention, Taco Bell has launched a “Freeing Taco T***day” online petition.
