Former Twitter Attorney Files for ‘Twitter’ Trademark, Challenges X Corp.’s Ownership
Twitter’s former in-house trademark attorney, Steve Coates, has filed trademark applications for ‘Twitter‘ and ‘Tweet,’ while simultaneously launching a legal bid to cancel X Corp.’s existing registrations for both marks.
The coordinated filings, submitted December 2 and 3, appear to be part of a broader attempt to revive the Twitter brand and launch a new social media platform.
The company that Coates formed for the venture, Operation Bluebird Inc., states on its website (twitter.new) that it plans to launch a social-networking service called ‘Twitter.’ The company goes on to state that it is on a mission to rebuild “the public square,” declaring it “broken” and promising to bring it back “this time with trust.”
The site currently allows visitors to reserve future handles; as of publication, 73 people have done so.
The Petition to Cancel the ‘Twitter’ and ‘Tweet’ filings owned by X Corp. was made because those registrations would undoubtedly cause the USPTO to refuse the applications filed by Operation Bluebird Inc.
The legal case made in the Petition to Cancel is that X Corp. has abandoned the ‘Twitter’ and ‘Tweet’ registrations without any intent to resume use of the trademarks.
Specifically, Operation Bluebird Inc. argues that:
- X Corp. has ceased all bona fide use of ‘Twitter’ and ‘Tweet’ following its rebrand to X.
- X completed its “final integration” of Twitter.com → X.com on May 17, 2024, allegedly demonstrating an intent not to resume use.
- Twitter and Tweet branding have been removed from the platform, marketing, and public communications.
Based on the foregoing, Operation Bluebird Inc. contends X Corp. has abandoned the marks and that the USPTO should cancel the registrations.
Will Operation Bluebird really be able to claim the ‘Twitter’ and ‘Tweet’ trademarks?
This case raises a fascinating question: what happens when a company (X Corp.) publicly abandons one of the most famous brands in modern history?
Under U.S. law, a trademark can be canceled if it’s not being used in commerce and the owner has no intent to resume that use.
That said, if X Corp. can point to any legitimate commercial use, such as use of the Twitter mark in advertising, archived product pages, or ongoing backend documentation, it will have a strong defense to the claims.
Moreover, even if Operation Bluebird was successful in cancelling the TWITTER and TWEET registrations, X Corp. could still take legal action to block Operation Bluebird Inc.’s use of ‘Twitter’ and ‘Tweet’.
How?
X Corp. still retains what is known as “residual goodwill” in the brand.
Ask any consumer: Who owns Twitter?
The overwhelming response would be: X Corp.
That residual association gives X Corp. a powerful tool. It could sue Operation Bluebird for trademark infringement even without active registrations, because the public still identifies Twitter with X Corp.
What happens next?
X Corp has until early February to file an Answer to the Petition to Cancel.
From there, the question will be whether or not X Corp files a lawsuit in federal court to block Operation Bluebird’s use of ‘Twitter.’
[UPDATE: Since this post first appeared, X Corp has filed a federal lawsuit against Operation Bluebird. You can find out more information here.]
Josh Gerben, Esq.
Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.
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