A Virginia startup has asked the US Patent and Trademark Office to cancel trademarks for Twitter, arguing that billionaire Elon Musk’s X Corp has abandoned them.
Operation Bluebird, a fledgling social media company, seeks to acquire the rights to “Twitter” and “tweet” for a new platform called “twitter.new.”
The petition, filed December 2, contends that X Corp has effectively erased the Twitter brand from its services and marketing following Musk’s $44 billion acquisition in 2022.
“X legally abandoned the TWITTER mark,” said Stephen Coates, Operation Bluebird’s general counsel and a former trademark attorney at Twitter.
Musk rebranded Twitter as X in 2023 and publicly signaled the end of the iconic blue bird logo and Twitter name. In a post on X, Musk wrote that the company would “bid adieu to the Twitter brand and, gradually, all the birds.”
Since then, the platform has migrated its primary web address from twitter.com to x.com. Despite the rebranding, X Corp renewed the Twitter trademark registration in 2023, a move that could complicate Operation Bluebird’s efforts.
Coates, however, argued that the lack of commercial use of the mark constitutes abandonment under US trademark law. Trademark experts said the case could test the boundaries of brand abandonment.
Josh Gerben, an intellectual property lawyer not involved in the dispute, said X could face challenges in defending its ownership if the brand is no longer in use.
“If a company stops using a trademark and fails to demonstrate intent to resume use, a challenger can argue abandonment,” Gerben said. “That said, X could still try to block Operation Bluebird’s commercial use even if the cancellation succeeds.”
Another trademark specialist, Laura Mendelson, said the case highlights broader risks for companies that retire well known brands.
“Abandoning a globally recognized trademark like Twitter carries legal and strategic consequences,” she said. “This will be an interesting test of how the law balances past ownership with current brand strategy.”
Twitter, before rebranding, had more than 400 million active users worldwide and generated billions in advertising revenue annually. The blue bird logo and terms like “tweet” became widely recognized symbols of social media communication.
Comparatively, other major platforms that have phased out legacy brands, such as Instagram’s integration into Meta’s ecosystem, have retained trademarks to prevent competitors from appropriating the name.
Operation Bluebird argues that X has taken a different approach, leaving the Twitter brand vulnerable. Industry observers and small tech entrepreneurs see potential opportunity in Operation Bluebird’s move.
“There’s still brand equity in the Twitter name,” said Anita Kapoor, founder of a digital marketing consultancy in Arlington. “A startup could leverage it to attract users who feel nostalgic about the original platform.”
Some former Twitter employees also noted the cultural significance of the brand. “Twitter was more than just a platform,” said a former engineer who requested anonymity.
“The blue bird and the terminology defined online conversation for over a decade. Losing it entirely feels like erasing a part of internet history.”
The US Patent and Trademark Office will need to evaluate whether X’s discontinuation of the Twitter brand constitutes legal abandonment.
The process could take several months and may involve legal challenges from X Corp if it seeks to defend its trademarks. Experts say the outcome could have broader implications for tech companies retiring legacy brands.
“How this case is resolved will set precedent for brand management in the tech sector,” Mendelson said. “It’s a reminder that trademarks carry both legal weight and cultural significance.”
Operation Bluebird’s petition raises questions about trademark abandonment, brand continuity, and the legal standing of rebranded tech giants.
Whether X Corp retains the right to the Twitter name or a new company claims it, the dispute underscores the enduring value of iconic social media identities in a rapidly evolving digital landscape.
