Just last week, we told you about LeBron James' attempt to register a trademark for TACO TUESDAY, the Trademark Office moved fast and denied such a request.
For normal, non-celebrities when they file a trademark registration, it usually takes at least three months to hear back but not if you are an NBA legend, apparently. Last week, we told you about LeBron's attempt to register a trademark for Taco Tuesday and you can read that article here. Yesterday, less than a month after the application, the USPTO has issued an Office Action denying the registration.
The USPTO argues, as I stated in the previous article, there are other companies using the mark and the term is confusingly similar to those already registered TACO TUESDAY trademarks. Second, the USPTO refused registration because the term is not a source indicator but merely descriptive and not being used as a trademark. This means that when you see a mark you must associate it with a good, person, or service, here TACO TUESDAY is not being used as such and is just a term.
LeBron can respond to the Office Action with the hopes of getting the trademark examiner to change their mind so this battle may not be over....but it most likely is.