Does anyone still call X “Twitter”? I still do, without thinking. That habit sits at the centre of one of the most interesting trademark fights of the year, because a US start-up is arguing that when X dropped the Twitter name and the blue bird, it abandoned the trademarks too. So far, a US court has given each side part of what it wanted, and the lesson for any business planning a rebrand is a useful one.
What happened with the Twitter trademark?
Twitter rebranded as X in July 2023, swapping the name and the bird logo for a single letter. In December 2025, a Virginia start-up called Operation Bluebird asked the US trademark office to cancel X’s TWITTER and TWEET registrations, arguing that X had stopped using them and had no intention of going back. X responded by suing in a federal court in Delaware, saying a rebrand is not the same as giving up a trademark.
In August 2026, the start-up launched a social network under the name Twitter.now. On 4 September 2026, the Delaware court issued a split preliminary ruling:
- The Twitter name stays with X, for now. The court blocked the start-up from using the Twitter name and eight related marks, pointing to the ways X still uses the name, such as twitter.com redirecting to x.com.
- The word “tweet” and the bird logo may not. The court found the start-up was likely to prove that X had stopped using the TWEET mark and the bird logo and did not intend to use them again.
The start-up has since relaunched as Tweet.app. The ruling is not final. The full case will decide whether X still owns any of the Twitter marks, and the cancellation case at the US trademark office is on hold until it does.
Why the bird and “tweet” are at risk but the name isn’t
What struck me from a marketing point of view is that the public never really stopped using the old brand. People still say “tweet”, and everyone still knows what the blue bird means. But that isn’t the test. The question is whether the trademark owner is still using the mark to sell its goods or services. Recognition in the public’s memory isn’t the same as use.
In the US, three years without use can be treated as evidence that a mark has been abandoned, if the owner also doesn’t intend to start using it again. X could point to the name still working in the background of its service. It had much less to say for a bird it had deliberately replaced.
Could the same thing happen to a UK trademark?
Yes, though the rules are different. A UK registration can be revoked if it hasn’t been genuinely used for the goods and services it covers for five years in a row. Anyone can apply to revoke it, and it is up to the owner to prove use. We’ve explained how that works in can you lose a trademark if you don’t use it?
That matters for any business that rebrands. Your old name and logo don’t disappear from the register the day you change your signage, and they don’t stay protected forever either. If you stop using them, someone else can eventually challenge them, and once they are gone, someone else may be able to file for them.
Rebranding? Decide what happens to your old trademarks
Before a rebrand goes live, it’s worth deciding, deliberately, which of your old marks you want to keep:
- Keep the ones that still earn their place. If customers still know you by an old name, product name or logo, keep using it genuinely, for example as a legacy range or a “formerly known as” line, so the registration stays defensible.
- Let go of the rest on your terms. If you’re retiring a mark, know the risk that someone else could pick it up later.
- Protect the new brand before launch. Check it can be registered and file it in the right classes. Our UK trademark registration service files it for you, and a trademark consultation and clearance audit checks the name first.
- Keep an eye on your old names. Trademark monitoring tells you if someone files something close to a name you used to trade under, while there’s still time to act.
Our guide on what happens to your old trademark after a rebrand goes through the options in more detail.
The bigger lesson
Walking away from a brand as well known as Twitter always felt like an unusual decision. This case is testing whether a company can retire a brand without leaving the door open for someone else to bring it back. For most businesses, the stakes are smaller but the principle is the same: a trademark is an asset, and assets need looking after even when you’ve moved on from them. That’s what our brand protection service is for.
If you’re planning a rebrand, or you’re not sure what’s still registered in your name, start with a free trademark search. The first call with our team is free for new clients: email enquiries@thetrademarkhelpline.com or ring 0161 833 5400.
Questions about this
Has X lost the Twitter trademark?
Not so far. On 4 September 2026, a US court in Delaware blocked a start-up from using the Twitter name, but found it was likely to prove X had abandoned the word mark TWEET and the bird logo. The ruling is preliminary, and the case continues.
Answered by Saad Ashraf, Marketing ManagerCan you lose a trademark by rebranding?
You can, if you stop using it. In the UK, a registration can be revoked if it hasn’t been genuinely used for the goods and services it covers for five years in a row. Changing your name doesn’t remove the old registration straight away, but leaving it unused puts it at risk.
Answered by Saad Ashraf, Marketing ManagerCan someone register my old brand name after I rebrand?
Possibly, once your rights in it have lapsed or been revoked, and particularly if customers no longer link the name to you. If an old name still matters to your customers, keep using it genuinely and keep the registration in force.
Answered by Saad Ashraf, Marketing ManagerThis article is for information purposes only and does not constitute trademark advice or guidance. Last reviewed 27 October 2026.
