Taco Bell files petition to end ‘Taco Tuesday’ trademark held by rival Taco John’s

“Taco Tuesday” is more than a meme — it’s held as a federal trademark by the Taco John’s chain in 49 states.

Competitor Taco Bell wants to change that, and filed a petition to the U.S. Patent and Trademark Office Tuesday to void the trademark.

Taco Bell argues that the phrase is now commonplace, and should thusly be free for anyone to use.

“How can anyone Live Más if they’re not allowed to freely say ’Taco Tuesday.’ It’s pure chaos. Taco Bell seeks no damages or trademark rights in ‘Taco Tuesday.’ It simply seeks common sense for usage of a common term,” Taco Bell wrote in a statement.

The Yum! Brands-owned chain also produced a petition on Change.org, and will host an “Ask Me Anything” on Reddit on Monday to promote what they term a “liberation effort.”

Although Taco Bell opted for more populist language, the chain, at 7,200 locations nationwide, dwarfs Taco John’s, which has nearly 400 stores in 23 states. Taco Bell is also seeking to cancel the federal trademark for New Jersey, held not by Taco John’s but by Gregory’s Restaurant and Bar in Somers Point, New Jersey.

Taco John’s did not stay idle in response to the shot across the bow from Taco Bell.

The chain called to “ring the bell” in a release, announcing a new promotion wherein every day is “Taco Tuesday” at Taco John’s, with two tacos for $2 available to rewards members from Tuesday until May 31 on the Taco John’s app.

“I’d like to thank our worthy competitors at Taco Bell for reminding everyone that Taco Tuesday® is best celebrated at Taco John’s … we even want to offer a special invitation to fans of Taco Bell to liberate themselves by coming by to see how flavorful and bold tacos can be at Taco John’s,” Taco John’s CEO Jim Creel wrote in a statement.

Mr. Creel then took a shot at Taco Bell’s slogan, writing “If ‘living más’ means filling the pockets of Taco Bell’s army of lawyers, we’re not interested.”

David Olsen, a Minnesota Taco John’s franchisee, coined “Taco Twosday” in the 1980s to help sell two tacos for 99 cents deal on what was the slowest day of the week. The promotion and name proved so successful that Taco John’s, having changed it to “Taco Tuesday,” acquired the federal trademark for the phrase in 1989.

While Taco Bell’s attempt to cancel the trademark is the most brazen challenge against Taco John’s ownership of the “Taco Tuesday” phrase, it is by no means the first.

“Over the years we’ve certainly asserted our trademark against national companies, restaurants big and small, and even pharmaceutical companies,” former Taco John’s Chief Marketing Officer Billie Jo Waara told Priceonomics in 2016.