But for more than 30 years, the phrase “Taco Tuesday” has been owned by the Wyoming-based Tex-Mex fast food chain.
Taco John’s, which has more than 370 restaurants nationwide, has had an active trademark on the ferry in 49 states dating back to 1989, after the franchisee coined and published the trademark moniker. But on Tuesday, Taco Bell petitioned to have the trademark rescinded, saying the phrase should “belong to everyone who makes, sells, eats, and celebrates a taco.”
“Taco Bell believes ‘Taco Tuesday’ is paramount to everyone’s Tuesday,” the company’s petition to the US Patent and Trademark Office states. “Depriving anyone from saying ‘Taco Tuesday’—be it Taco Bell or someone serving tacos to the world—is like depriving the world of sunshine itself.”
Taco Bell also filed a second petition to revoke the “Taco Tuesday” trademark owned by Gregory’s in New Jersey, the only state to which the Taco John trademark does not apply. the The owners were not available for comment Wednesday night.
After Taco Bell announced its petition to rescind the trademark, Taco John’s rolled out a new deal—two tacos for $2 a day for the rest of the month—in a press release filled with the phrase and trademark symbol tagged alongside it.
Because at Taco John’s®, Every day is Taco Tuesday®! announced the company.
Barry Westrum, Taco John’s chief marketing officer, said the chain is ready to stand up for its brand, as it has in years past.
We realize it has become part of the American lexicon, just like ‘Have your way,’ ‘Where’s the beef? “The real thing,” Westrum said, “but that doesn’t give our competitors the right to take it away from us.”
In 1979, Dave Olsen, a Taco John’s franchisee in St. Paul, Minnesota, coined the phrase as a way to boost business, especially on Tuesdays, which he noticed were slower than other days of the week, Westrum said.
At the time, he had spelled it “Taco Twosday” because the deal offered two tacos for 99 cents.
The deal — and its name — became so popular it played a role in the success of Taco John’s, which was only about 10 years old. Other franchise locations have also begun using “Taco Tuesday” advertising, and the chain has continued to support it in the three decades since it was awarded the brand, says Westrum.
He said that since the trademark revocation petition was made public, the series has received “overwhelming support”.
“It’s kind of like the finders, the watchmen,” Westrum said. “People realize that our ancestors took a clever step back in 1989, and any attempts to take that away from us now are just the work of a big corporation bully.”
What Taco Bell calls its “edited Tuesday Taco” isn’t just for the company, said Anna Aberman, the company’s legal director.
“Hopefully, even though we’re starting this action, our peers and other people who sell tacos, restaurants big and small, or chain restaurants or taco trucks, will feel more free to sell their tacos and get people to enjoy them as they should.” .
Under trademark law, no one person can own the ubiquitous terms, said Maggie Mettler, legal director for Yum Brands, Taco Bell’s parent company. Terms like escalator, aspirin, and yo-yo became so popular that their trademarks were scrapped.
Taco Bell is hoping for a similar outcome with its “Taco Tuesday” petitions.
“It’s really about letting everyone use it without fear of legal consequences,” Mettler said.
For Taco John’s, the buzz the petition has generated is welcome as a way for people to learn the story behind the brand, Westrum said.
“We really thank Taco Bell for reminding consumers that this is the place to celebrate Taco Tuesday,” he said.
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