Taco Bell wants to liberate the “Taco Tuesday” trademark from a smaller, rival chain.
The taco chain filed a petition Tuesday with the US Patent and Trademark office to cancel the trademark, owned by rival Taco John’s for 34 years, because Taco Bell claims the commonly used phrase “should be freely available to all who make, sell, eat and celebrate tacos.”
History of the phrase“Taco Twosday” was coined by a Taco John’s restaurant owner in the early 1980s to increase sales with a 99-cents deal for two tacos on its slowest day of the week. It worked, and sales turned around at the restaurant so much that the owner shared it with other franchisee owners. “Over the years we’ve certainly asserted our trademark against national companies, restaurants big and small, and even pharmaceutical companies,” former Taco John’s marketing executive Billie Jo Waara said in a 2016 interview. “We also recognize that the unauthorized use [of Taco Tuesday] is prolific, and we do our best to communicate ownership.”
According to Gerben, Taco Bell has a “strong case” because US trademark law “prevents the registration of common phrases or phrases that become commonplace after a registration is granted.”
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