Taco Bell will fund your Taco Tuesday—unless you’re in NJ

By Alvin Wu
Business
Taco Bell will fund your Taco Tuesday—unless you’re in NJ

View of the Taco Bell at Inman Grove Shopping Center in Edison, New Jersey, on 2023-08-11. ZFJ/Zoe Wu

EDISON, N.J., Aug. 12 (ZFJ) — To celebrate its trademark battle win, Taco Bell will fund Taco Tuesday celebrations in all U.S. states except New Jersey, the company announced on Tuesday, Aug. 8.

On Tuesday, Sept. 12, Taco Bell, partnering with DoorDash, will spend $5 million to cover orders from participating Mexican food vendors.

“Taco Tuesday belongs to all who make, sell, eat, and celebrate tacos, and this Free-For-All will not only thank taco fans who supported the cause, but also spotlight local restaurants and vendors who can now embrace Taco Tuesdays without fear of legal action,” said Taco Bell U.S. Chief Marketing Officer Taylor Montgomery.

“Taco Tuesday” is a common phrase. Nobody should have exclusive rights in a common phrase.

— Taco Bell, trademark cancellation petitions

Unfortunately, the offer will not be available in N.J., the only state where “Taco Tuesday” remains trademarked.

On May 16, Taco Bell petitioned the Trademark Trial and Appeal Board, part of the U.S. Patent and Trademark Office, to cancel the two “Taco Tuesday” trademark registrations.

“‘Taco Tuesday’ is a common phrase. Nobody should have exclusive rights in a common phrase,” Taco Bell said in its trademark cancellation petitions.

On July 18, restaurant chain Taco John’s voluntarily abandoned the service mark it’d held since 1989, allowing businesses in almost every state to use it.

“We’ve always prided ourselves on being the home of Taco Tuesday, but paying millions of dollars to lawyers to defend our mark just doesn’t feel like the right thing to do,” said Taco John’s CEO Jim Creel.

I want it to be known that we are the original Taco Tuesday. We started it.

— Gregory Gregory, Gregory’s Restaurant & Bar co-owner

However, Gregory’s Restaurant & Bar of Somers Point, N.J., continues to defend its trademark, which is limited to its state.

“I want it to be known that we are the original Taco Tuesday. We started it,” Gregory Gregory, co-owner of the restaurant, told NBC10 Philadelphia on July 20. “We feel that we’ve done the right thing. We went through the process. We had our trademark.”

“We’re gonna try and play this out and hopefully Taco Bell will understand it,” he said. “I can’t take this too far.”

His website proudly declares his restaurant as home of “The Original Taco Tuesday®” since 1979 and says that it first received the trademark in 1982.

Taco Bell and Gregory’s fight will continue for a while—the cancellation trial schedule currently extends to the very end of 2024.

Taco-craving, freebie-seeking New Jerseyans can still receive a free Doritos Locos Taco every Tuesday (8/15, 8/22, 8/29, 9/5), no purchase required, in a promotion available at all Taco Bell locations.

Gregory’s Restaurant & Bar’s trademark registration number is 3621366. The ongoing case before the USPTO is Taco Bell IP Holder, LLC v. Gregory Hotel, Inc., Cancellation No. 92082327.

Taco John’s abandoned trademark registration number is 1572589. The terminated case before the USPTO is Taco Bell IP Holder, LLC v. Spicy Seasonings, LLC, Cancellation No. 92082333.

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