LeBron James’ hopes of making his boisterous “Taco Tuesday” social media posts into a trademark has apparently been denied.
ESPN’s Dave McMenamin reports James’ application for the trademark was refused by the U.S. Patent and Trademark Office on Wednesday because “Taco Tuesday” is “a commonplace term.”
“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 message,” the USPTO wrote, per ESPN.
The James’ household was excited for Taco Tuesday (via @KingJames) pic.twitter.com/99wRyEdUlY
— NBA on TNT (@NBAonTNT) May 29, 2019
A James spokesman told ESPN that the application was filed “to ensure LeBron cannot be sued for any use of ‘Taco Tuesday.’ ”
“Finding ‘Taco Tuesday’ as commonplace achieves precisely what the intended outcome was, which was getting the U.S. government to recognize that someone cannot be sued for its use,” the spokesman told ESPN.
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In the denial, the USPTO cited examples of restaurants that have used the “Taco Tuesday” term and cited several articles showing that phrase is a “widely used message used by various parties to express enthusiasm for tacos by promoting and celebrating them on a dedicated weekday.”
James’ Taco Tuesday social media posts went viral thanks to his unbridled enthusiasm and the inclusion of friends and family members.
The NBA superstar’s LBJ Trademarks filed a trademark for the meal-centric term in mid-August. Gerben Law Firm attorney Josh Gerben disclosed the filing on Twitter, adding that James intended to continue his social media posts while creating a “Taco Tuesday” podcast.
