Basketball superstar and businessman, LeBron James, filed a trademark application for Taco Tuesday. The United States Patent and Trademark Office (USPTO) refused the mark finding “the slogan or term does not function as a trademark or service mark to indicate the source of applicant’s goods and/or services and to identify and distinguish them from others.” The USPTO states James applied for a mark that 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.”
In re Eagle Crest, Inc. the Trademark Trial and Appeals Board (TTAB) held that terms and expressions that merely convey an informational message are not registerable. The USPTO claims “Taco Tuesday is a widely used message used by various parties to express enthusiasm for tacos by promoting and celebrating them on a dedicated weekday.” The USPTO sites several restaurant and event websites who use the term “Taco Tuesday” for the purpose of promoting and celebrating tacos in this way. But wait, LeBron wasn’t trademarking “Taco Tuesday” for the purpose of promoting and celebrating tacos. LeBron wanted to use the name for podcasts, advertising and other audio/ visual works.
The purpose of trademarking is to distinguish goods/services and decrease confusion among consumers. Here, the Examiner at the USPTO argues that consumers are “accustomed to seeing this term or expression commonly used in everyday speech by many different courses. Many disagree with the USPTO’s decision to refuse the claim on grounds of commonplace message and likelihood of confusion. They argue other common place names have registered such as, “Highly Questionable”, “I’ll Take That Bet” and “C’mon Man!” just to list a few. For now, we will have to see if James’ attorneys fight back this difficult office action or abandon the mark.
Article By: Sharrissa Stratton
