NBA Lakers LeBron James has filed a trademark application for the term “Taco Tuesday,” apparently to capitalize on the popular Instagram videos in which he exalts his passion for eating tacos on Tuesdays.
According to the U.S. Patent and Trademark Office, James’ company LBJ Trademarks filed the application Aug. 15 for a broad array of potential business ventures. They include downloadable videos, podcasts, marketing, blogging and online “entertainment services, namely providing a website featuring non-downloadable videos and social media posts in the field of sports, entertainment, current events and popular culture.”
A source told ESPN that James had no specific plans for any ventures using the term but wanted to keep his options open.
It is a good thing he is not actively pursuing this trademark for two reasons:
1) It will most likely be rejected as too “common of a phrase” similar to what happen with Cardi B rejected “Okurrr” trademark. Trademarks have to meet the uniqueness requirement and as you know this phrase was created and used commercially long before LeBron started to use it. However, he could argue that it has not been commercially used online in the form of videos and podcasts which is the category he is applying for. He can also show that commercially online he has already used and so have others with a variety of t-shirts that have branded the phrase with his likeness:
2) There are others vying for this popular slogan. There are at least 10 other active requests that have he trademark in other categories or have filed applications intending to use the term — including from a Taco John’s Seasonings in Wyoming, a Rosa’s Cafe and Tortilla Factory in Fort Worth and a gaming machine company in Germany, to name a few — according to the patent office’s electronic search system. However, after a thorough search it appears LeBron is the ONLY person vying for the categories 9, 35, 38, and 41 so if he can pass the uniqueness USPTO standard then he mostly likely will not get opposition from these other filers.
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