According to Josh Gerben of the Gerben Law Firm and Darren Rovell of ESPN, the United States Patent and Trademark Office denied LeBron James’ trademark application for “Taco Tuesday.”
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
The examining attorney decided that the phrase was a “commonplace message” and didn’t allow the four-time MVP to trademark it.
Gerben stated that James’ company, LBJ Trademarks LLC, filed for the trademark on Aug 15. James’ reasoning behind the trademark request was for podcasting purposes.
James love and dedication for “Taco Tuesday” is no secret. He has posted numerous videos on social media expressing his love for his new tradition and even invited teammate Anthony Davis over to join in the festivities.
Q: What was Taco Tuesday like with Bron? #2kDay
— NBA 2K20 (@NBA2K) September 6, 2019
But in all seriousness, the phrase Taco Tuesday has been around since forever. Alex Mayyasi of Priceonomics noted the chain restaurant Taco John’s was rewarded with a federally registered trademark for “Taco Tuesday” in 1989 but has since “lost the battle” for the phrase because it has become so widespread.
Sorry James, but you can’t win it all.