Firm for the Culture | "Taco Tuesday" Is Cancelled.
Taco Bell is coming for Taco Tuesday. Let's Get Into It.
The Battle for “Taco Tuesday”: A Lesson in Trademark Law
Hello Fam,
Since we’re talking about all things food and trademarks this week, we knew we had to dig into the latest saga that is Taco Bell’s crusade to cancel the registrant owner’s trademark for Taco Tuesday.
In a surprising move that illustrates the intricacies and battles within trademark law, Taco Bell recently launched a campaign to “liberate” the phrase “Taco Tuesday.”
According to a press release, the fast-food chain has filed legal petitions to cancel the federal trademark registrations for “Taco Tuesday” via the USPTO Trademark Trial and Appeal Board.
While this move may surprise some, it highlights several essential aspects of trademark law that every business owner should understand:
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1. Trademarks Can Be Cancelled
The first key takeaway from Taco Bell's move is a simple but often overlooked fact: trademarks can be cancelled.
Just because a company has registered a trademark does not mean it has permanent and unassailable rights to that mark.
A company may petition to cancel a trademark, as Taco Bell is doing, if they believe the mark should not have been registered or has become generic.
Now there is something to say about Taco Tuesday’s apparent incontestability status - this is an additional safeguard given to your brand if you’ve operated, without much challenge, so long as you file a Section 15 incontestability statement at the USPTO and show that you’ve been using the mark for at least five consecutive year after registration.
Considering Taco John’s Seasonings registered the trademark in 1989, it may be an uphill battle to prove cancellation is warranted here.
2. Trademarks Are Context Specific
The second point to note is that trademarks are context-specific.
What may have been considered a distinctive mark in the past can become generic over time. In the case of “Taco Tuesday,” the phrase has arguably become a common term used to describe any Tuesday that involves eating tacos.
If you’re trying to wrap your head around this, let’s break down a different example: Corona.
Indeed, about six years ago, the term “Corona” had an entirely different meaning than it has now:
Taco Bell is arguing the same “context specific” standard should be applied in the case of “Taco Tuesday.” As such, Taco Bell argues that it should not be trademarked.
3. Trademarks Need to Be Policed - Use Them or Lose Them
Finally, Taco Bell's action underscores the importance of policing your trademarks.
If you own a registered trademark, it's your responsibility to monitor its use and take action against any infringement.
If you don't actively use and protect your trademark, you risk losing your rights to it.
Conclusion
Taco Bell's fight to free “Taco Tuesday” offers an important lesson for all businesses. It serves as a reminder that trademark law is complex and continually evolving.
It is essential to stay informed and proactive in protecting your trademarks to ensure your brand's identity and integrity are preserved.
And remember, Taco Bell is not seeking damages or trademark rights in “Taco Tuesday.”
They are advocating for the freedom of usage of a common term.
Their commitment to this cause is a reminder to all of us that at the end of the day, a trademark is more than just a mark - it's a representation of a brand's story, its identity, and its relationship with its customers.
What are your thoughts on this "Taco Tuesday" controversy?
Share in the comments below!
And when you’re ready to protect your unique contribution to the culture, including saving your bold brand from possible cancellation, reach out to us.
Can’t wait to help you protect your dynamic impact.
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Messing with Taco Tuesday is going way too far.