So, what happened since our last update? Taco Johns settled the case with Taco Bell and the TACO TUESDAY registration was cancelled on August 1, 2023. At that point, no one knew if Gregory Hotel would also settle and cancel their registration. However, on October 20, 2023, Gregory Hotel filed a voluntary surrender of their registration, and the registration was officially cancelled on October 25, 2023.  

What does this mean for Taco Tuesday at your favorite restaurant? There was no definitive decision declaring that TACO TUESDAY is generic for restaurant services. However, the USPTO and TTAB have continuously found TACO TUESDAY to fail to function as a trademark for various goods and services such as beer, kitchen appliances, digital and marketing services, podcasting, and social media websites.

But as of October 25, 2023, it appears all restaurants are free to use TACO TUESDAY without fear of receiving a cease-and-desist letter from Taco John’s or Gregory Hotel.  

At Renner Otto, the oldest intellectual property firm in Cleveland, we specialize in assisting our clients as they develop efficient Intellectual Property strategies that are tailored to their business’s needs. Our attorneys are knowledgeable on a wide range of domestic and international IP issues, and we partner with Firms around the world to better serve our clients.  

Someone from the Renner Otto team would be happy to discuss this topic or any related Intellectual Property matters. 

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