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"That's Nacho trade mark" "I don't know what you are Taco 'bout"

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Salsas cease and desist letterSelection of tacos

Salsas, a restaurant chain with more than 43 franchises across Australia, registered the “Taco Tuesday” mark in 2011.

The Mexican restaurant has now sent a cease and desist letter to the Reverence Hotel requesting that they stop using their phrase “Taco Tuesday”.

The letter read “we assume that you are unaware that Salsas is the owner of the registered trade mark Taco Tuesday in respect to the provision of the Mexican-style food and restaurant services”.

Presently the Reverence Hotel are advertising “Taco Tuesday” in a number of ways. They use the hashtag #TacoTuesday on their Facebook page, advertise “Tacos on Tuesday” on their website and Taco Tuesday is featured in the Hotel’s calendar as an event.

Salsas claims that the Reverence Hotel has infringed the restaurant’s rights and has requested they cease using the trade mark.

Trade marks in the UK

A trade mark must be individual and can include any of the suggested marks above. It cannot be offensive, descriptive of the goods or services, misleading, too common or too similar to other symbols, such as Hallmarks and flags.

Trade marks at Franklins Solicitors LLP

At Franklins Solicitors LLP, we understand the importance of trade marks and their capability in distinguishing the goods or services of one business from those of another. Our experienced Intellectual Property team can assist in protecting the trade marks for both individuals and businesses. We can also ensure that any client who has had their trade mark infringed is fully informed of their position and any options in respect of moving the matter forward; and even considering litigation. It is not just important to ensure that our clients’ rights are protected, but also to provide advice on how to ensure that the trade marks of another are not infringed. Our broad knowledge and expertise allows us to provide well rounded and tailored advice, suitable to each of our clients’ individual needs.

If you have been considering applying for a trade mark and require assistance, have concerns or queries regarding infringement or if you would like further information in relation to both registered and unregistered trade marks please feel free to contact Christopher Buck by email or by phone on 01908 660 966 or 01604 828 282. .