LeBron James' Trademark Application for 'Taco Tuesday' Has Been Denied

"Taco Tuesday" is considered a "commonplace message."

LeBron James attends the BIG3 Championship.
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Image via Getty/Meg Oliphant

LeBron James attends the BIG3 Championship.

The United States Patent and Trademark Office has denied LeBron James' application to trademark "Taco Tuesday." According to Josh Gerben of Gerben Law Firm, the USPTO argued that the phrase is a "commonplace message," and cannot "function as a trademark."

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

James filed the trademark late last month through his company, LBJ Trademarks LLC, with the intention of using "Taco Tuesday" for "podcasting services," as well as "online entertainment services... and social media posts in the field of sports, entertainment, current events and popular culture." His company also acknowledged their plans to use the phrase for advertising and marketing services. 

JUST IN: LeBron James leaves no potential business opportunity on the table. Over time, he has sought to own “Taco Tuesday.” He has now filed to trademark the phrase for social media posts and a show of that name. First discovered by @JoshGerben pic.twitter.com/IXNduvilzR

Gerben points out that a trademark for "Techno Taco Tuesday" already exists, which would block "a portion" of the application. A company fittingly named Taco Tuesday, Inc. also disputed the trademark application because their Illinois-based Mexican restaurant "specializes in taco sales," and has been incorporating the phrase in their advertising.

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