Operation Bluebird petitions the US trademark office to annul Twitter’s protections, asserting that Musk’s rebranding to X indicates an abandonment of the brand. (Credit: Pexels)
A significant trademark contention has arisen as a small technology startup strives to reclaim the ‘Twitter’ moniker, positing that Elon Musk’s company has effectively forsaken it.
This case revolves around the legal entitlements X Corp, the erstwhile Twitter, maintains amidst the myriad changes enacted since Musk’s acquisition.
Operation Bluebird, a nascent platform based in Virginia, has formally sought intervention from the US Patent and Trademark Office to invalidate Twitter’s enduring protections. What insights can we glean from this unfolding scenario?
On December 2, 2025, Operation Bluebird presented its petition, requesting the right to utilize the terms ‘Twitter’ and ‘tweet’ for its emerging services.
This startup ambitiously plans to unveil a competing platform named ‘Twitter.new’, aiming to leverage the branding that was once synonymous with the original Twitter site. The filing contends that X Corp has ceased all use of these trademarks, thereby rendering them abandoned.
The petition was filed by Stephen Coates, a former trademark attorney at Twitter who has transitioned into private legal practice. Presently, he serves as the general counsel for Operation Bluebird and oversees a boutique law firm that facilitated the recent submissions.
Additionally, Coates has lodged a separate application to secure the trademark for the word ‘Twitter’ on behalf of the startup.
Within the submitted documents, Operation Bluebird asserts that Musk’s entity has ‘obliterated’ the Twitter brand from its products, marketing campaigns, and online platforms.
This assertion is intrinsically linked to Musk’s rebranding initiative that commenced shortly after his acquisition of the company for £44 billion (around $55 billion) in 2022.
The petition underscores that X Corp no longer engages in any commercial activity involving the trademarks at issue.
X’s Rebranding as Evidence of Abandonment
In 2023, Musk proclaimed on what was known as Twitter that the company would ‘bid farewell to the Twitter brand and, progressively, all avian imagery.’
This declaration unequivocally affirmed his plan to purge any remnants of the previous identity. Subsequent to this announcement, the platform underwent a comprehensive metamorphosis, both visually and structurally, to align with the emerging X brand identity.
The iconic bluebird emblem, once synonymous with Twitter, has vanished from all aspects of X’s interface. The original domain, twitter.com, now redirects users to x.com, further emphasizing the departure from the former nomenclature.
Operation Bluebird contends that this total erasure substantiates the claim that X Corp has relinquished its rights to the Twitter trademarks.
X Corp has yet to provide any commentary regarding the petition or its trademark status. The company’s latest registration renewal for the Twitter mark occurred in 2023; however, Operation Bluebird argues that such renewal does not equate to active commercial utilization.
Coates has stated that the matter is ‘clear-cut’ and that ‘X has legally abandoned the TWITTER mark.’
Legal Complexities Surrounding Use and Ownership
Josh Gerben, an intellectual property attorney not associated with this case, has commented on the potential hurdles X might encounter while defending its trademarks. He noted that if X Corp is indeed not employing the Twitter name in any substantive commercial sense, the company may face formidable challenges in asserting continued ownership. US trademark law typically necessitates ongoing and active use for the preservation of rights.
Notwithstanding the petition, Gerben indicated that X could still endeavor to obstruct Operation Bluebird’s application for the Twitter branding, even if the cancellation is successful. A canceled mark does not automatically confer unfettered usage rights to the challenger.
The outcome will largely hinge on the interpretation rendered by the US Patent and Trademark Office regarding X’s present affiliations with the brand.
Gerben characterized Operation Bluebird’s initiative as ‘a fascinating experiment in determining whether X will invest in safeguarding a brand it no longer intends to utilize.’
This evaluation underscores the peculiar situation of a major corporation voluntarily disassociating from one of the most recognizable names in social media. The case now invites questions regarding trademark functionality when an entity seemingly distances itself from its former identity.
A Formative Trademark Test in the Social Media Landscape
The petition signifies one of the earliest substantial attempts by a startup to annex the branding of a platform that once held global prevalence and mirrors the profound transformations initiated post-Musk’s acquisition.
As the trademark office contemplates the request, this scenario may set a precedent for future determinations regarding abandoned marks amid significant rebranding efforts.
As it stands, X Corp has not communicated any intentions to revive or reutilize Twitter’s previous identity.
Source link: Inkl.com.
