Despite giving up its long-held trademark rights to the Taco Tuesday promotional phrase, Gregory’s Restaurant & Bar in Somers Point will keep the fiesta going. 

As of Oct. 20, the family-owned eatery abandoned its decades-old claim to own the phrase in New Jersey amid a challenge from fast-food giant Taco Bell. The relinquishment comes about three months after Taco John’s, a Midwestern-based chain, handed over its rights to the trademark in 49 states — which means the expression is now free to use nationwide.

In announcing the latest development in the high-profile spat, Taco Bell cheered Gregory’s decision, saying, “Full removal of the legal barriers … hails a new era for restaurants nationwide. Now, taco shops big and small can ring in Taco Tuesday with their patrons however they see fit without fear of legal repercussion. Taco Tuesday officially belongs to everyone, from Taco Bell to Taco John’s to Gregory’s Restaurant and Bar to your favorite local taco spot.”

Sean Tresvant, the chain’s chief global brand & strategy officer and incoming chief executive officer, said in a statement, “When we set out to free Taco Tuesday, we did it for all who make, sell, eat and celebrate tacos. Taco Bell wants everyone to have the opportunity to celebrate Taco Tuesday, including Gregory’s Restaurant and Bar. Thanks to Gregory’s choice to relinquish the trademark registration, New Jersey businesses and fans can fully enjoy Taco Tuesday, effective immediately.”

In a statement to NJBIZ, Gregory’s co-owner Gregory Gregory, said Taco Tuesday “brought a lot of pride over the past 40 years.”

“Relinquishing the trademark registration doesn’t change that, but it does allow others in New Jersey the same opportunity to build their own traditions and help spread Taco Tuesdays throughout New Jersey,” said Gregory, who went on to say, “We will forever be the Home of the Original Taco Tuesday.”

During an interview in August, Gregory said he was uncertain how far he’d be able to take the fight, due to the legal expenses, and noted that his attorney was working pro bono. While supporters suggested the restaurant fundraise for costs – which he estimated could range from $50,000 to $300,000 – Gregory said the family decided against a campaign.

“But, as a family we said, ‘No, that’s for people who get burned out of their house or somebody needs an operation or something. It’s not for me to waste other people’s money on something that should never happen. And that’s the very base of this – it’s not fair. Why should one company, just because they have unlimited resources, be able to challenge somebody’s trademark?” he also said.

Under the “very worst-case scenario,” Gregory told NJBIZ, “I can still have Taco Tuesday, but so can everybody else.”

After hosting its first taco-themed night in 1979, Gregory’s received the service trademark for the phrase three years later.

But, when it came time to renew the trademark in 1989, Gregory’s failed to submit timely evidence of continued use, prompting the U.S. Patent and Trademark Office to cancel the registration and grant the rights to Taco John’s, a chain of roughly 400 restaurants. Gregory’s went on to defend its trademark against Taco John’s, which resulted in the two agreeing to divvy it up between New Jersey and the rest of the U.S.

When Taco Bell petitioned trademark regulators in May to cancel the registrations held by Gregory’s and Taco John’s, the Yum! Brands-owned banner argued the phrase is a generic term and should not belong to any one person or company, large or small.

To celebrate its latest victory, Taco Bell restaurants in New Jersey will offer its rewards members a free Nacho Cheese Doritos Locos taco on Nov. 21, no purchase necessary.