The Board upheld a refusal to register the proposed mark TACO TUESDAY for beer, finding that the term fails to function as a source indicator under Sections 1, 2 and 45 of the Trademark Act. Applicant Monday Night Ventures unsuccessfully argued that the refusal was "illogical and incongruous" because TACO TUESDAY "is not informational at all as it relates to the goods in the application" and the use of the term by restaurants in connection with the sale of tacos on Tuesday is irrelevant. In re Monday Night Ventures LLC, Serial No. 88817107, [not precedential] (Opinion by Judge Cynthia C. Lynch).
Examining Attorney Ashley Albano's supporting evidence was "voluminous" and fell into two general categories: first, evidence reflecting general use of the phrase "Taco Tuesday to refer to a regular Tuesday evening event incorporating tacos and drinks; and second, use of "Taco Tuesday" on or in connection with beer: for example, North Country Brewing Company's "Taco Tuesday" Brown Ale, and Shades Brewing's "Taco Tuesday" Sour "American-Style Ale."
Noting that applicant's own website promotes its beer as "the ultimate pairing for tacos," the Board found that consumers would perceive TACO TUESDAY "as an informational indication that the beer is suitable or intended for drinking at such 'Taco Tuesday' events."
And so, the Board affirmed the refusal.
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