New Twitter Startup Challenges X Corp's Ownership Claim To Twitter Trademark Based On Abandonment

We all remember the monumental shift of Twitter to "X" after Elon Musk made the controversial acquisition of the social media company in 2022. So when a big tech company changes its name overnight, it can have more than just cosmetic effects. A new cancellation petition filed with the Trademark Trial and Appeal Board (TTAB) this week shows just how high the stakes are. Operation Bluebird, Inc., a startup in Virginia, has started a cancellation proceeding against X Corp. It wants to take away the company's rights to the TWITTER and TWEET trademarks because it says they have been abandoned and, in some cases, because the company committed fraud on the USPTO.

This case is unusual not only because of the mark's fame, but also because it tests the legal consequences of Elon Musk's very public rebranding strategy, which was meant to move away from anything "Twitter" or "bird-related." Here is a list of the accusations, what the TTAB will look at, and what this means for brand owners who are going through a rebrand or have old marks.

What Made the Cancellation Happen?

Operation Bluebird, Inc. wants to cancel nine separate registrations for TWITTER and related marks owned by X Corp., according to the TTAB filing. The petition cites Elon Musk's own post from July 23, 2023:

"And soon we shall bid adieu to the Twitter brand and, gradually, all the birds." —Elon Musk, July 23, 2023

The next day, the site that used to be called Twitter was publicly and operationally renamed X. Over the next few months:

All products and signs had the blue bird logo taken off of them. "Posts" or "xeets" took the place of "tweets."

The twitter.com domain was finally sent to x.com on May 17, 2024. Several trademark applications for TWITTER-formative marks were dropped. The petition says that these actions mean that the TWITTER brand is no longer being used for any of the goods and services that are covered by the registrations.

The Law: Abandonment Under the Lanham Act

To cancel a registration for abandonment, the person who filed the petition must show:

1. Not using the mark in business, and 2. Not planning to use it again.

Bluebird says that both are true:

1. Complete Cessation of Use

The petition says that X Corp. stopped using TWITTER for real as of "the final domain integration to x.com," which they say was the end of the legacy brand.

2. Make it clear that you don't want to start again

The petition uses Musk's own words and X Corp.'s actions, such as taking down all Twitter branding, as direct proof that he doesn't want to use it again.

It even says that the company has "erased" the TWITTER and TWEET marks from its products.

Another Claim: Fraud on the USPTO

The petition says that there was fraud in some registrations, which is a much more serious claim.

For example:

In October 2023, X Corp. filed a Section 8/9 renewal saying that it would keep using the TWITTER mark. The petition says that this statement was false because X had already stopped using Twitter branding in its products and services.

If proven, fraud can lead to immediate cancellation, but the burden of proof is very high.

Why This Is Important: The Startup Wants to Use "Twitter" Itself

Operation Bluebird has submitted applications for "TWITTER" and "TWEET" for its own planned platform at "twitter.new." Once those applications are reviewed by the examiner, they will surely receive an office action rejection in view of the preexisting X Corp. trademarks. So Operation Bluebird is preemptively filing the cancellation petitions now. This is one of the few times that a third party has tried to claim rights to a world-famous trademark because the original owner didn't want it anymore.

Does the Petition for Cancellation Have Merit?

Yes, but it's still hard. Good Things About the Petition:

• Public rebranding is a rare sign of clear intent not to start using again.
• Total cessation of use across all channels is unusual and could support abandonment.
• Not keeping up with related apps and registrations supports the story of brand retirement.

Problems Twitter.new Will Likely Face

It's often harder to prove that a famous mark has lost goodwill because it still has some. X Corp. might say, that the mark is still used by some old services or for archiving. That people still think of "Twitter" when they think of the platform. That rebrand does not mean giving up (a complicated area of trademark law). The TTAB must meticulously assess whether X's actions represent a genuine legal abandonment or merely a rebranding accompanied by lingering consumer recognition.

What Brand Owners Can Take Away from This Case

This petition teaches important trademark lessons for both small businesses and big companies:

1. If Not Handled Carefully, Rebranding Can Lead to Abandonment

Companies that are changing their name should keep using the old mark in some way, or file for "intent-to-use" protection if they plan to use it again in the future.

2. Public Statements Can Be Used as Proof

People may later use statements about "bidding adieu" to a brand to guess that they don't plan to use it again.

3. Maintenance filings must be true to life

If a business files a Section 8/9 declaration saying it used the brand while also removing all branding, it could be accused of fraud.

4. Famous Marks Don't Live Forever

If the owners stop using a well-known brand, it can even disappear.

A Landmark Challenge Worth Watching

This petition to cancel could become a landmark case on "brand abandonment in the age of platform rebranding." If the TTAB agrees with Operation Bluebird, it would mean that even one of the most well-known trademarks in modern internet history could be lost and then picked up by a new person who is looking for a chance. For now, brand owners should remember this: Trademark rights come from use, not fame, but fame does help.