Taco Tuesday Free at Last
“‘Taco Tuesday’ was once the subject of two U.S. trademark registrations—one owned by Taco John’s covering 49 states and a separate New Jersey registration owned by Gregory’s Restaurant & Bar. After owning the mark for more than 40 years, in 2023 both owners surrendered their registrations. Since then, no one holds exclusive U.S. rights in ‘Taco Tuesday.’ Because the phrase has long been used as a common promotional slogan, according to the USPTO, it functions as an informational slogan, not a source identifier.
The Power of Trademark Rights
Trademark rights protect distinctive names, phrases, and logos that help consumers recognize and trust the origins of goods or services. When businesses secure trademark rights, they can prevent competitors from using confusingly similar marks—safeguarding their investment in branding, upholding reliability, and strengthening market position. Now, with no exclusive trademark rights in “Taco Tuesday,” the weekly celebration is genuinely open to all.
Historical Background
n 2019, Taco Bell petitioned the United States Patent and Trademark Office (USPTO) and its Trademark Trial and Appeal Board to cancel both Taco John’s and Gregory’s trademark rights for “Taco Tuesday.” Taco John’s had held the phrase since 1989 for all states except New Jersey and relinquished its registration in July 2023, famously stating it was because they were “lovers, not fighters.” Taco Bell’s argument: “Taco Tuesday” was a generic phrase and should be free for all to use.
Gregory’s Restaurant & Bar pushed back, claiming it had coined, popularized, and strongly branded the phrase “Taco Tuesday.” Still, after a series of legal proceedings, Gregory’s forfeited its New Jersey trademark rights as well in September 2023. With both owners surrendering registrations, “Taco Tuesday” lost its exclusive trademark rights nationwide—marking victory for Taco Bell and restaurants everywhere.
What does this mean for Restaurants?
Restaurants and brands are now free to say “Taco Tuesday” in advertising, social media, and promotional events—there are no trademark rights to infringe. However, new applications to register “Taco Tuesday” as a trademark almost always face refusal, as the USPTO has indicated that the phrase functions only as an informational slogan rather than a brand source identifier.
For restaurant owners, the takeaway is clear: build trademark rights around your unique name, logo, or visual identity. Use “Taco Tuesday” generically, but make your house mark—the name of your business—prominent to develop brand distinctiveness. Today, generic or descriptive terms like “pencil” or “Taco Tuesday” cannot be registered as trademarks since they merely describe or promote products, not their source. Allowing such registrations would restrict use of common language and stifle fair competition.
What does this mean for Consumers?
The forfeiture of the trademark for “Taco Tuesday” is good news for consumers. It means that consumers will have more choices for taco deals on Tuesday nights. In addition, the increased competition could lead to lower prices for tacos on Tuesdays. Consumers may also see more restaurants offering special promotions on Tuesdays to attract customers.
While it seems like Taco Bell simply bullied over the competition to take away a trademarked phrase, the reality is that the term Taco Tuesday really hasn’t been capable of acting as a source idenfier for years. Most consumers view it as a popular promo, not a brand. The 2023 forfeiture simply brings the USPTO register in line with marketplace reality, increasing freedom and clarity for both businesses and consumers. Use the phrase, promote your events, and focus your trademark rights on what makes your brand unique.
If your business is considering launching a new slogan or promotional event, contact one of our experienced trademark attorney to ensure your rights are protected and your brand is built to last. Connect with us today to learn how to maximize the value of your trademark rights and make the most of marketing opportunities like “Taco Tuesday”—without risking costly legal surprises.