Does Using “Taco Tuesday” Violate Trademark Rights?
“Taco Tuesday” and Trademarks
“Taco Tuesday” may feel like a piece of everyday American culture, but the phrase is the subject of an actively enforced federal trademark. Taco John’s has owned the TACO TUESDAY® trademark since 1989 and continues to assert rights against businesses that use the phrase commercially.
Taco John’s Has Actively Enforced the TACO TUESDAY® Trademark — Taco John’s, based in Cheyenne, Wyoming, holds a federal registration for TACO TUESDAY® and has pursued alleged infringers nationwide for decades. Most recently, the company challenged a local brewery for using “Taco Tuesday” to promote a weekly taco truck event, sparking public backlash on social media. Despite the phrase’s widespread cultural use, Taco John’s maintains that unauthorized commercial use infringes its trademark rights.
Trademark Protection Depends on the Type and Strength of the Mark — U.S. trademark law categorizes marks on a spectrum ranging from fanciful and arbitrary to descriptive and generic. While fanciful, arbitrary, and suggestive marks are inherently registrable, descriptive marks require proof of secondary meaning, and generic terms can never be protected. Whether “Taco Tuesday” qualifies as a protectable mark depends on whether it still functions as a source identifier or has become a generic reference to a common practice.
Genericide Poses a Serious Threat to the TACO TUESDAY® Mark — Genericide occurs when a mark becomes so widely used that it no longer identifies a specific source but instead names a general category of goods or services. Given the widespread public use of “Taco Tuesday” to describe a weekly meal tradition rather than a specific restaurant, the mark may be vulnerable to a formal genericide challenge. However, until a court or the USPTO rules otherwise, Taco John’s is likely to continue enforcing its claimed rights.
For more information, see our blog post Unsuspecting Moms Beware: Does Your “Taco Tuesday” Violate Trademark Rights?
Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.
This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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