Taco Bell takes on Taco John's in trademark dispute over the phrase 'Taco Tuesday'

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Taco Bell is fighting to cancel the trademarked phrase 'Taco Tuesday' that a smaller, rival chain has held for 34 years.

The fast food giant filed a petition with the US Patent and Trademark Office on Tuesday - of course - to get rid of the trademark owned by competitor Taco John's since 1989.

The fast-food giant claims the phrase 'should be freely available to all who make, sell, eat and celebrate tacos'.

Restaurants and companies who want to use it in branding and advertising have to seek permission from Taco John's or face the possibility of legal action. 

Taco John's took to social media to celebrate 'Taco Tuesday' in the face of the ongoing dispute and rallied its supporters to back their continued use of the phrase. 

Taco Bell is fighting to cancel the trademark 'Taco Tuesday' a smaller, rival chain has held for 34 years

The fast-food giant filed a petition with the US Patent and Trademark Office on Tuesday, naturally, to get rid of the trademark owned by rival Taco John's since 1989

Restaurants and companies who want to use it in branding and advertising have to seek permission from Taco John's or face the possibility of legal action

Using the phrase 'potentially subjects Taco Bell and anyone else who wants to share tacos with the world to the possibility of legal action or angry letters if they say 'Taco Tuesday' without express permission from [Taco John's] — simply for pursuing happiness on a Tuesday,' according to the filing. 

Taco Ball added that 'nobody should have exclusive rights in a common phrase.' 

Maggie Mettler, director of legal for Taco Bell's parent company Yum! Brands, said the company was using the trademark law to 'remedy this injustice'.

'It's a bold brand action that we hope others are willing to support,' she told CNN.

A Taco John's restaurant owner brought 'Taco Twosday' to the forefront in the early 1980s with a 99-cent deal for two tacos on the slowest day of the week to increase sales. 

The strategy worked and sales picked up so much that the owner shared it with other franchise owners. 

It was then tweaked to 'Taco Tuesday' and the chain trademarked it in 1989 and it has been a part of its marketing strategy ever since.

And Taco John's has defended its use of cease-and-desist letters to prevent others from trying to use it. 

'Over the years we've certainly asserted our trademark against national companies, restaurants big and small, and even pharmaceutical companies,' former Taco John's marketing executive Billie Jo Waara said in 2016.

'We also recognize that the unauthorized use [of Taco Tuesday] is prolific, and we do our best to communicate ownership.'

In a statement, Taco John's said: 'Taco Bell has not reached out to us, so we have no comment on any possible trademark action.

`Taco John’s would like to thank our worthy competitors at Taco Bell for reminding everyone that "Taco Tuesday" is best celebrated at Taco John’s – the trademark owner of Taco Tuesday.'

It has responded to the petition by putting on a deal of two tacos for $2 every day until May 31.

Taco Bell joked it was feeling 'chaotic' and tweeted 'Taco Tuesday'. 

And Taco John's rallied its supporters on social media with a series of posts poking fun at the situation. 

'It's Taco Tuesday **shouts from the mountain tops** SEE YA SOON,' it wrote on Twitter. 

Taco Bell joked it was feeling 'chaotic' and tweeted 'Taco Tuesday'

Taco John's took to social media to celebrate 'Taco Tuesday' in face of the ongoing dispute and rallied its supporters

While one user named Adam replied: 'Stand you ground Taco John's. Don't give in to the bully.' 

The company replied: 'WE WILL ADAM!!!' 

Another user wrote: 'Kinda being a sore loser here Taco Bell. Taco John's seems to have coined and owns the rights. Better bring back the Chihuahua.'

Taco John's responded: 'Appreciate it the support.' 

A third supporter added: 'STAND STRONG Taco John's.' 

The chain replied: 'Thanks Max! There's nothing like Taco Tuesday at Taco John's!' 

Taco Bell's petition was filed with the Trademark Trial and Appeal Board and it can take up to two years before a decision is made. 

Taco John's shared a series of posts poking fun at the situation 

Taco John's has 40 days to file a response and if they can't reach an agreement, the case will move to a discovery period where they can request documents and present evidence for their case.

This would then be followed by a trial and oral arguments presented in front of the board's judges. 

Taco Bell could have a strong case as US trademark law 'prevents the registration of common phrases or phrases that become commonplace after a registration is granted', according to trademark attorney Josh Gerben. 

He added 'Taco Tuesday' 'has become a cultural phenomenon with a long history of being used by individuals and companies other than the current owner of the trademark'. 

And Taco John's defense of having invented the phrase may not be enough as it is 'widely used by Americans in a way that has nothing to do with the defendant’s restaurant', Gerben said.