US Government Makes Decision On LeBron James’ Trademark For ‘Taco Tuesday’

LeBron James will have to give up on the idea of using Taco Tuesday. He filed a trademark application for the term, and the US Patent & Trademark Office denied it.

The trademark application was put forth by LBJ Trademarks. The U.S. Patent and Trademark Office denied the application, citing Taco Tuesday’s established place in American lexicon as a “commonplace message.”

The USPTO has refused the TACO TUESDAY trademark application filed by Lebron James' company LBJ Trademarks, LLC.

The refusal, issued at 6:26 PM today, finds that TACO TUESDAY is a "commonplace message" and therefore fails to function as a trademark.#TacoTuesday

My analysis? pic.twitter.com/eKcW2l1CnH

— Josh Gerben (@JoshGerben) September 12, 2019

“In this case, the applied-for mark is a commonplace term, message, or expression widely used by a variety of sources that merely conveys an ordinary, familiar, well-recognized concept or sentiment,” the USPTO examining attorney explained in the declined trademark application.

This decision doesn’t come as a surprise.

BREAKING: U.S Patent & Trademark Office has refused @KingJames’ trademark application for “Taco Tuesday.” Examining attorney found that phrase was a “commonplace message” and can’t be protected as a trademark. First discovered by @JoshGerben. pic.twitter.com/cnebxx9hyt

— Darren Rovell (@darrenrovell) September 12, 2019

Trademark attorney David Leichtman was convinced that LeBron’s application will go down the hill. According to him, restaurant chain Taco John’s actually owns the trademark registration on “taco Tuesday.”

And since first filing in 1989, restaurant owners have been trying to halt others from using ‘”Taco Tuesday.”

“Since a trademark can exist for the same property across different industries, James will most likely be able to use the popular expression, the attorney told YFi PM. But his celebrity power won’t fully keep others following suit.”

“Taco Tuesday is a ubiquitous term — when you have multiple outlets all trying to use the same mark in a very crowded field, it’s very difficult to get the Trademark Office to give you that protection and even if they [do] it’s going to be very thin protection,” the attorney stated.

According to paperwork filed by the United States Patent and Trademark Office, LeBron’s “taco Tuesday” filing took a different route than Taco John.

LeBron’s application is focused on classifications like “podcasting services” as well as “online entertainment services… and social media posts in the field of sports, entertainment, current events and popular culture.”

“[Taco John’s] registration is limited to the restaurant area… what LeBron James is trying to do is slightly different,” Leichtman told YFi PM.

Will LeBron try again? We believe that he has a plan B on his mind, and it has nothing to do with Taco Tuesday. He is a successful businessman, and this decision won’t even affect his future plans.