Can TACO TUESDAY be a trademark in the US?

As it is well-known Taco is one of the most popular Mexican street food around the world including in the US. Taco consists of a tortilla topped with a filling such as meat, vegetables, sauce, etc.

A US company filed a trademark application for the phrase TACO TUESDAY for class 32 – beer, claiming that the sign is inherently distinctive for this product in particular.

The USPTO disagreed pointing out different pieces of evidence that show many restaurants in the US using this phrase for indicating a daily event where tacos and drinks, including beer, are offered to consumers.

What’s more, the website of the trademark’s applicant promotes beer as the ultimate pairing for tacos too.

Based on this the Office concluded that the phrase is descriptive of beers as well, and cannot serve as a source for a particular trade origin. Because of this, the mark was reduced entirely.

How such trademarks can receive protection?

Well if the word part is combined with graphics and colors it can be registered although in such cases it will be debatable to what extent the protection can be enforced in all cases because the word part will be still descriptive

Another option is if the applicant proves acquired distinctive character, that is to say, that consumers identify only one company as the owner of the sign.

Source: The TTABlog.

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