Jack in the Box Files for "Taco Tuesnight" Trademark Amid New Taco Bell Legal Battle

By Adam Barnhardt

A trademark controversy has suddenly found itself at the center of the fast-food taco game, with Taco Bell lobbying the United States Patent and Trademark Office to release the "Taco Tuesday" trademark currently used by one of its competiors. Trying to avoid any such conflict, a different Taco Bell competitor announced Monday it's actively working on setting up its own trademark as a result of the escalating tensions.

Jack in the Box officials are currently filing the necessary trademarks for "Taco Tuesnight," a goofy spin on the contentious trademark currently being battled over. According to the self-proclaimed "QSR troll," the process of a trademark filing with the USPTO has already begun. If granted the trademark, Jack in the Box promises—according to one spokesperson, at least—to not be "so precious about its usage."

Why does Taco Bell want to liberate Taco Tuesday?

"Taco Tuesday" is currently trademarked by Taco John's, a regional chain based in Wyoming. Because Taco John's was awarded the trademark, it can technically prohibit anyone—business or otherwise—from using the verbiage.

"People like tacos on Tuesdays. They just do," Taco Bell's appeals filing reads in part. "It's even fun to say: 'Taco Tuesday.' Tacos have the unique ability to bring people together and bring joy to their lives on an otherwise mediocre day of the week. But since 1989, entities associated with Registrant have owned a federal trademark for 'Taco Tuesday.' Not cool."

"So if you sign this petition in support of freeing the 'Taco T***day' trademark, that means you believe EVERYONE – from your local taco truck, to your favorite Mom & Pop taco joint, to us at Taco Bell – we repeat, EVERYONE should have the right to say 'Taco T***day' on everyone's favorite taco-day-of-the-week, without possibly getting sued," the petition adds.

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