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Post by : Badri Ariffin
The social media giant X, formerly Twitter, has amended its Terms of Service and launched a legal counteraction to solidify its ownership of the Twitter trademark. This development arises from a legal challenge posed by Operation Bluebird, a startup from Virginia, which threatens X’s intellectual property.
The revised Terms of Service will come into effect on January 15, 2026, and clearly prohibit users from utilizing the Twitter name, logos, trademarks, domain names, or any brand identifiers without prior written approval. This is a significant move as it marks the first official reference to Twitter in conjunction with X in the service's legal framework. Additionally, there are minor changes related to EU regulations and age assurance technologies.
In a recent filing, Operation Bluebird requested the U.S. Patent and Trademark Office (USPTO) to invalidate X's rights to the Twitter and Tweet trademarks, claiming they have been abandoned since the rebrand. The startup has also submitted its own trademark application for a service named Twitter.new.
In reaction, X has filed a federal countersuit in Delaware, asserting that the Twitter brand is still actively utilized and recognized by the public. Experts in trademark law indicate that while trademarks can become invalid if not actively used, companies can protect well-known marks by demonstrating ongoing use or public connection. X highlights that users continue to access the site via the original twitter.com URL, ensuring the brand’s recognition persists.
This ongoing legal battle illustrates the critical role of intellectual property in today's digital landscape, particularly for businesses undergoing substantial branding shifts. The outcome of this case could establish important guidelines for how tech firms safeguard their trademarks during periods of transformation.
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