X Updates Terms, Countersues to Protect 'Twitter' Trademark

Elon Musk's social media platform, X, is taking decisive action to protect its claim over the valuable "Twitter" trademark. The company has not only updated its Terms of Service but also filed a countersuit, directly challenging a Virginia-based startup that sought to trademark the iconic name. This legal battle underscores X's intent to retain exclusive ownership of the brand it rebranded from.

Startup Challenges X's Trademark Ownership

The dispute began when a startup named Operation Bluebird filed a petition with the U.S. Patent and Trademark Office on December 2. Operation Bluebird claims that X had abandoned the "Twitter" brand by renaming its social networking service to "X." Their argument hinges on X owner Elon Musk's July 23, 2023, post, where he declared the social network would "bid adieu to the twitter brand."

Since filing its petition for cancellation, Operation Bluebird has been actively collecting potential user sign-ups for its own social network at a website named Twitter.new. The effort is headed up by two lawyers, including founder Michael Peroff, based in Illinois, and Stephen Coates, previously a trademark lawyer at Twitter. Given their backgrounds, their assertion that they plan to launch a new service to rival X seems dubious; it is more likely they aim to acquire the trademark, which holds significant value.

X Files Countersuit and Updates Terms of Service

X is now challenging Operation Bluebird's claim with a countersuit of its own. (A copy of the filing was shared with TechCrunch via IP trademark law firm Gerben IP.) In the filing, X asserts that it continues to exclusively own the Twitter and Tweet trademarks and the distinctive bluebird logo.

Concurrently, X has revised its Terms of Service, with the updates taking effect on January 15, 2026. The new terms explicitly state X's rights regarding the former brand:

“Nothing in the Terms gives you a right to use the X name or Twitter name or any of the X or Twitter trademarks, logos, domain names, other distinctive brand features, and other proprietary rights, and you may not do so without our express written consent.”

This marks a significant change, as previous versions of this section only referenced "X," omitting any mention of "Twitter."

Other Updates to X's Policies

Beyond the trademark specifics, X's updated Terms of Service also include minor revisions related to EU laws and generated content. Additionally, its Privacy Policy has been updated with new references to age assurance technology.