Taco Bell Liberates the Phrase ‘Taco Tuesday’

The phrase "Taco Tuesday" is now available for almost any business to use --except in New Jersey -- thanks to a legal claim by fast food giant Taco Bell.

Restaurant chain Taco John’s, which is a fraction Taco Bell's size, with 400 locations in 20 states, said Tuesday that it will no longer defend its trademark of the phrase “Taco Tuesday.” The company registered it in 1989 with the U.S. Patent and Trademark Office, giving it the exclusive right to use the phrase for restaurant services.

On a much smaller level, Gregory’s Restaurant & Bar, a family-owned restaurant in Somers Point, N.J. owns the trademark for “Taco Tuesday” in that state. Greg Gregory, a member of the family that owns the restaurant told The Wall Street Journal in June that will continue to defend the trademark.

"We’re just hoping that the court can see through this marketing plan by Taco Bell,” he said.

In May Taco Bell, which is owned by YUM! Brands, filed legal petitions with the U.S. Patent and Trademark Office to cancel the trademarks belonging to both Taco John and Gregory's. Taco Bell has 7,200 locations in the U.S. Yum! also owns KFC and Pizza Hut.

“‘Taco Tuesday’ is a common phrase. Nobody should have exclusive rights in a common phrase," Taco Bell said in its legal briefs. "Can you imagine if we weren’t allowed to say “what’s up” or “brunch”? Chaos."

A nationwide consumer survey found that 86% of respondents did not know the phrase was associated with a specific company, according to Taco Bell's legal briefs

Taco John’s CEO Jim Creel told The Journal that defending the trademark could have cost the company up to $1 million. On Tuesday Taco John's filed a notice of abandonment of registration with the trademark office.

“It’s just not worth the amount of money it would take to defend it,” Creel told the Journal. “We’d rather take that money and put it toward a good cause.”

Taco John’s said it will instead make a $40,000 donation to the non-profit Children of Restaurant Employees, which provides financial assistance to the families of restaurant workers who are dealing with a health crisis or affected by a natural disaster.

Creel said he hopes Taco Bell will join him in making a similar donation to the group. Taco Bell has not responded to a request for comment.

Basketball star Lebron James joined Taco Bell's efforts to reclaim the "Taco Tuesday" phrase with a television commercial in May calling for the trademarks to be cancelled. In 2019, James attempted and failed to register his own Taco Tuesday trademark for the phrase for "entertainment services" and "downloadable audio/visual works" such as podcasts, according to The New York Times.