“Taco Tuesday” is free for all restaurant owners to use now.
Up until May of 2023, the trademark for the phrase was held by the Taco John’s restaurant chain in 49 states and Gregory’s in New Jersey for decades. But then, the Yum Brands’ fast-food giant Taco Bell filed a petition with the US Patent and Trademark Office (USPTO) to cancel the trademarks and free the “generic” term.
After six months, Taco Bell has finally won. In July, Taco John’s relinquished the trademark, and earlier this week, so did Gregory’s.
“Taco Tuesday officially belongs to all who make, sell, eat and celebrate tacos now that the trademark registration has been relinquished in all 50 states,” Taco Bell said in an announcement about Gregory’s surrender yesterday (Oct. 24).
No eatery—not even Taco Bell itself—can claim exclusive rights over the phrase, but freeing it will mean everyone can use it widely as part of their online and brick-and-mortar marketing. Of course, Taco Bell, with its 7,800-plus nationwide outlets and upwards of $2 billion in yearly revenue, stands to benefit the most.
To celebrate their victory, Taco Bell is giving New Jersey members of its app-based loyalty program free Doritos Locos Tacos on Nov. 21 with no purchase necessary.
Quotable: Davids and Goliath
“This is David and Goliath, and my slingshot got a little looser,”
—Bar owner Gregory Gregory, who said he will fight Taco Bell alone after Taco John’s gave up the fight, to the Inquirer in July
One big number: Fighting for the Taco Tuesday trademark
At least $100,000: How much Gregory’s legal fees would have been, according to trademark attorney Josh Gerben. It’s an “extreme burden to bear for any small business,” he told CNN, adding that the chances of winning were “extremely low.”
A brief timeline of the “Taco Tuesday” trademark
1971: The earliest documented use of “Taco Tuesday” is in the April 5 issue of Spokane Chronicle, according to Los Angeles Times.
1978: Greg Gregory started Taco Tuesdays at his family business Gregory’s Restaurant and Bar in Somers Point, New Jersey, because that’s the only day his family let him put tacos on the menu.
Feb. 6, 1979: Gregory’s Restaurant & Bar in New Jersey is the first restaurant to coin the phrase Taco Tuesday.
Aug. 7, 1981: Gregory’s applies for a federal registration for the Taco Tuesday trademark for restaurant services.
Oct. 19, 1982: Gregory’s secures the federal registration which, unlike trademarks and copyrights, lasts for perpetuity as long as evidence of its use is submitted periodically.
Early 1980s: David Olsen, the owner of a Taco John’s in Minnesota, coins the term “Taco Twosday” when he started selling 99-cent tacos in pairs, as per Taco John’s lore.
1984: Steve Levinson, owner of Tortilla Flats in Laguna Beach, applies for a state trademark for “Taco Tuesday” in California in 1984. (It has since lapsed.)
April 21, 1989: Owing to lack of evidence that the trademark was being used, the US PTO cancels Gregory’s registration.
Dec. 19, 1989: Taco John’s in Wyoming is awarded the trademark, which it applied for back in March, a month before Gregory’s one lapsed. After a legal fight, Gregory’s won back the right only in one state—New Jersey.
1997: Tortilla Flats in Laguna Beach, California files a lawsuit in federal court against the El Torito chain and seven other Orange County restaurants for infringing on its trademark of the term.
1997: In Canada, MTY Food Group’s TacoTime Canada gets its own “Taco Tuesday” trademark.
2011: Salsa’s Fresh Mex Grill nabs the trademark to the term in Australia.
2014: After receiving a cease-and-desist letter from Taco John’s (the Goliath in this case), Old Fashioned Tavern and Restaurant in Madison, Wisconsin, holds a competition to choose a new name for their Tuesday taco special, where the submissions include jabs like “Corporate-free Taco Night” and “Drive Taco John’s Out Of Business Tuesday.”
May 16, 2023: Taco Bell files a petition with the USPTO’s Trademark Trial and Appeal Board to cancel two “Taco Tuesday” trademarks, seeking “no damages or trademark rights” but just “common sense for usage of a common term.”
July 18, 2023: Taco John’s relinquishes its rights after CEO Jim Creel estimates that defending the trademark would be a million-dollar endeavor. Instead of splurging on a legal fight, Taco John’s donates $40,000 to restaurant employees with children who are battling a health crisis, death, or natural disaster, with a challenge that “our litigious competitors and other taco-loving brands to join us.” Taco Bell matched the donation and “celebrated” by joining DoorDash to pick up a $5 million taco tab for customers ordering from over 20,000 Mexican restaurants in 40 states.
Oct. 20, 2023: Gregory’s relinquishes the New Jersey trademark.