“Taco Tuesday” got bad news on Wednesday.
More specifically, the United States Patent and Trademark Office turned down the basketball superstar LeBron James’s attempt to trademark the phrase “Taco Tuesday.”
The patent office said that the phrase was “a commonplace term, message or expression widely used by a variety of sources that merely conveys an ordinary, familiar, well-recognized concept or sentiment.”
It cited several news articles that showed that “Taco Tuesday” is used widely “to express enthusiasm for tacos by promoting and celebrating them on a dedicated weekday.”
The patent office also pointed to the similarity of “Taco Tuesday” to another trademark already in existence, “Techno Taco Tuesday,” which is held by an entertainment company in Las Vegas. The office said “merely omitting some of the wording from a registered mark may not overcome a likelihood of confusion.”
A spokesman for Mr. James said Wednesday night that his lawyers were still looking over the patent office’s findings. Still, he cast the decision in a positive light.
He said that in refusing to trademark the phrase because it was common, the office had essentially offered what Mr. James wanted all along: protection from liability if he used “Taco Tuesday” in certain projects, like podcasts and other media.
“If this opens the door for ‘Taco Tuesday’ to be open to everybody, all the better,” the spokesman said. “That would be a great outcome of this. The entire purpose of this is to protect Lebron and subsequently everybody else.”
Mr. James often uses the phrase on Instagram to let people know it is his family’s taco night.
The application was filed on Mr. James’s behalf on Aug. 15 by a company called LBJ Trademarks LLC. The company sought protection for use of the phrase in a host of forums, including “downloadable audio/visual works,” podcasts, social media, online marketing and “entertainment services.”
Soon, it became national news, with many questioning whether anyone should hold a trademark for a phrase so widely used.
In fact, a restaurant in Cheyenne, Wyo., does already hold a trademark for “Taco Tuesday.” The restaurant has aggressively protected its intellectual property, The Los Angeles Times reported.
Mr. James’s attempt to claim the term was seen as a possible means to “free” it for use by all.
Josh Gerben, a lawyer specializing in trademarks, said if Mr. James really did want to shield himself from liability, he could file something called a “petition to cancel” that could essentially void another trademark.
Mr. James’s team has six months to respond if they want to challenge the patent office’s move, which is technically called a “refusal.” But Mr. Gerben said it’s unlikely, as the refusal is “pretty hard to overcome.”
