Lebron James’ Trademark Application for “Taco Tuesday” Gets Rejected
Summary:
Lebron James attempted to trademark the term “Taco Tuesday” but was denied by the United States Patent and Trademark Office (USPTO). Lebron James makes video posts of his family enjoying Taco Tuesdays and wanted to trademark the term to make sure he would not get sued for using it in his videos. The USPTO determined that this term could not perform the function of a trademark because it is a commonplace term. A commonplace term is a word or phrase that expresses a widely understood message. Even though his trademark was denied, his goal was accomplished because no one can sue him for using commonplace terms.
Key Takeaways:
1. Trademarks must perform their stated function. Specifically, trademarks must easily identify the source of a product. Strong trademarks are unique and distinctive.
2. Commonplace terms can be used as part of a trademark, but cannot be trademarks themselves. In the trademark application, these terms need to be disclaimed.
For further information about how to develop a strong trademark that avoids these issues, please reach out to Royal Trademark Law Services.