Taco John’s, Taco Bell Terminate ‘Taco Tuesday’ Trademark Tussle

There’s a truce in the “Taco Tuesday” wars. 

Restaurant chain Taco John’s said Tuesday it is giving up its fight defending its trademark of the phrase “Taco Tuesday.” Fast-food giant Taco Bell filed a petition in May with the U.S. Patent and Trademark Office seeking to cancel the trademark.

Taco Tuesday is generic and any restaurant that makes tacos should be able to use it, said Taco Bell, which is owned by Yum Brands.

Jim Creel, chief executive of Taco John’s, which operates nearly 400 restaurants in more than 20 states, said the company estimated it could cost as much as $1 million to defend the trademark. 

“It’s just not worth the amount of money it would take to defend it,” Creel said. “We’d rather take that money and put it toward a good cause.”

Creel said Taco John’s will donate $40,000 to Children of Restaurant Employees, a nonprofit group that provides financial support to people who work in the restaurant industry and have children. Creel said he hopes Taco Bell will consider giving a donation to the group as well. 

Taco Bell didn’t respond to requests for comment.  

Taco Bell turned the Taco Tuesday dispute into a marketing campaign. It enlisted taco enthusiast and NBA star LeBron James, who shot a commercial for Taco Bell calling for the liberation of Taco Tuesday.

James also tried to trademark Taco Tuesday in 2019, but the trademark office denied it, saying it was a commonplace phrase.

Taco John’s has owned the trademark on Taco Tuesday since 1989 in every state except New Jersey. Gregory’s Restaurant & Bar, a restaurant in the Jersey Shore city of Somers Point, owns the trademark in New Jersey. 

Taco Bell filed a separate petition in May seeking to cancel Gregory’s trademark as well. Greg Gregory, whose family owns Gregory’s, said in June the restaurant would attempt to defend its trademark.

Any restaurant in the U.S. except in New Jersey can now legally use Taco Tuesday now that Taco John’s has given up defending its trademark. Previously, Taco John’s would send cease-and-desist letters to restaurants that used the term.

David Olson, who ran a Taco John’s franchise in St. Paul, Minn., first started offering taco specials on Tuesday in 1979. He originally called it “Taco Twosday.”

The Taco Tuesday concept spread to other Taco John’s locations during the 1980s. Creel credited Taco Tuesday for driving the success of Taco John’s throughout the Midwest. 

Creel said it was tough for Taco John’s to give up the trademark. 

“It’s a sad day for us and our franchisees and a lot of our customers,” Creel said. “But at the same time we will still have Taco Tuesday, and others will have Taco Tuesday as well.”

Write to Joseph De Avila at [email protected]