Ohio State and LeBron James were both denied trademarks Wednesday.
The university was attempting to own the rights to add "the" in front of Ohio State's name, while the Lakers star wanted to trademark the popular phrase "Taco Tuesday."
Ohio State was denied making "the" an exclusive right for use on apparel because the protection isn't necessary, according to NBC News. "Taco Tuesday", on the other hand, is considered a "commonplace term."
BREAKING: U.S Patent & Trademark Office has refused @KingJames’ trademark application for “Taco Tuesday.” Examining attorney found that phrase was a “commonplace message” and can’t be protected as a trademark. First discovered by @JoshGerben. pic.twitter.com/cnebxx9hyt
— Darren Rovell (@darrenrovell) September 12, 2019
After both trademarks were denied, could "The Taco Tuesday" be the answer for the 15-time All-Star?
A spokesman for James told ESPN that even though the trademark was denied, the outcome was still what James had hoped to accomplish, which was "to ensure LeBron cannot be sued for any use of 'Taco Tuesday.'" The U.S. Patent and Trademark Office's ruling protects anyone from using "Taco Tuesday" for business reasons, James' spokesman noted.
"Finding 'Taco Tuesday' as commonplace achieves precisely what the intended outcome was, which was getting the U.S. government to recognize that someone cannot be sued for its use," the spokesman said.
"Taco Tuesday" is considered a "widely used message used by various parties to express enthusiasm for tacos by promoting and celebrating them on a dedicated weekday," according to the USPTO.
James has documented his "Taco Tuesdays" on social media with posts that have gone viral. One of the most notable ones came when he invited his new Lakers teammate Anthony Davis over for dinner.
AD joined LeBron for Taco Tuesday! 🌮😂😂
— NBA on TNT (@NBAonTNT) July 17, 2019
(via @KingJames) pic.twitter.com/Lsav6mBCGo
James filed an application last month hoping to own the rights to "advertising and marketing services provided by means of indirect methods of marketing, communications, namely, social media, search engine marketing, inquiry marketing, mobile marketing, blogging and other forms of passive, shareable or viral communications channels."