LeBrons Trade Mark case fails for the registration of ‘Taco Tuesday’
LeBron James has caused uproar for Taco enthusiasts. Earlier this week LeBron attempted to trade mark the term ‘Taco Tuesday’. Despite the fact LeBron is recognised for using this term, the United States Patent and Trademark Office have disputed this claim stating that it is ‘commonly used term’. As a result, this trademark would fail on absolute grounds.
What even is taco Tuesday? It is a widely used term by many to express a selected day for tacos- it is a well recognised term in society and has a level of sentiment.
When there was a similarity search on the Taco Tuesday trade mark, there was a large similarity result with ‘Techno Taco Tuesday’ already registered with a company in Las Vegas. This would therefore mean that the trade mark Lebron has tried to register would highly likely fail as a result of relative grounds as the terms are extremely phonetically similar.
It could be said that the decision by the board was correct. This is because LeBron’s attempt to Trademark a common place term is not viable. This case is similar to that of Philips Electronics NV v Remington Consumer Products Ltd. who attempted to trademark the word soap. You cannot trademark a word or phrase that will hinder someone else using this.