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Taco Bell Triumphs in 'Taco Tuesday' Trademark Tussle; Taco John's Abandons Claim

Mike Mozart/Flickr

Taco Bell, a Yum Brands franchise, successfully achieved its mission to "liberate" the phrase "Taco Tuesday," as rival fast-food chain Taco John's announced plans to abandon its federal "Taco Tuesday" trademark.

In May, Taco Bell sought to invalidate the trademark, arguing that Taco John's had unjustly monopolized a common phrase in the restaurant industry. Taco John's, a Wyoming-based taco chain, announced on Tuesday that it would "abandon" its trademark registration for the phrase "Taco Tuesday," just two months after Taco Bell initiated legal proceedings to cancel the trademark. It launched an advertising campaign to "liberate Taco Tuesday."

In a statement issued by Taco John CEO Jim Creel, he said that they have always prided themselves on being the home of Taco Tuesday, but allocating millions of dollars to defend their mark does not feel like the right course of action.

Instead, Taco John's pledged to donate $100 for each of its nearly 400 locations to a nonprofit organization that supports restaurant workers facing crises. Furthermore, Taco John's challenged Taco Bell to do the same.

According to Yum Brands' website, Taco Bell boasts more than 7,200 locations across the United States.

Their representatives did not immediately answer requests for comment from Taco Bell regarding Tuesday's filing. Taco John's previously held exclusive rights to the "Taco Tuesday" name in commerce across all states except New Jersey, where the trademark is still held by Gregory's Restaurant & Bar in Somers Point.

However, a distinct challenge by Taco Bell against Gregory's trademark is still pending. Gregory Gregory, co-owner of the restaurant, informed Reuters that he has no plans to relinquish the trademark and expressed his surprise at Taco John's speedy abandonment of their mark. Taco John's informed the USPTO last month that Taco Bell's primary motivation was to boost taco sales and that their trademark did not restrict anyone "from advertising and selling tacos on Tuesday."

Taco Bell showcased its endeavor to annul the "Taco Tuesday" marks as part of a marketing campaign aimed at "liberating the phrase for restaurants nationwide." This development marks a significant victory for Taco Bell in its pursuit to reclaim "Taco Tuesday" for all establishments.

Photo: Mike Mozart/Flickr(CC BY 2.0)

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