Taco Bell wins legal fight to free up 'Taco Tuesday' trademark

Taco Bell has won a lengthy battle to free the ‘Taco Tuesday’ trademark for any restaurant in the US to use after unsuccessfully trying to register the rights to the phrase in the UK.

 

Intellectual property filings show in 2020 the fast food chain attempted to trademark ’Taco Tuesday’ to cover restaurant services in the UK, but its bid was rejected.

 

Earlier this year, Taco Bell filed legal petitions seeking to cancel the two remaining trademark registrations for the phrase in the US.

 

It won a victory in July when Taco John’s, a small regional chain based in Wyoming, gave up its trademark in 49 states to avoid the costs involved in a drawn-out legal battle.

 

On 20 October, the sole remaining holdout, Gregory’s Restaurant and Bar in Somers Point, New Jersey, relinquished the trademark after more than 30 years.

 

It was not confirmed if any financial settlement was involved in the decision.

 

“’Taco Tuesday’ has always been a source of pride for my family and our restaurant, but we recognize ’Taco Tuesday’ is widely celebrated and embraced beyond our four walls,” said Gregory Gregory, co-owner of Gregory’s Restaurant and Bar.

 

Taco Bell said the move meant restaurants of any size across the US could now use the ‘Taco Tuesday’ phrase without fear of legal repercussion.

 

“When we set out to free ’Taco Tuesday’, we did it for all who make, sell, eat and celebrate tacos,” said Sean Tresvant, Taco Bell’s chief global brand and strategy officer.

 

Taco Bell is owned by Yum! Brands, which is also behind KFC and Pizza Hut, and runs over 100 restaurants in the UK.

 

While it was unsuccessful in registering ‘Taco Tuesday’, its other UK trademarks including ‘Taco Moon’ and ‘Taco Talks’.

 

No UK restaurants currently own the rights to ’Taco Tuesday’, meaning it is free to use in foodservice.

 

However, German company adp Merkur GmbH, which produces online games as well as physical slot machines, has held the ‘Taco Tuesday’ UK trademark for gaming machines since 2018.

 

Image: Mino Surkala / Shutterstock