X Updates Terms, Files Countersuit to Lay Claim to the ‘Twitter’ Trademark After Newcomer's Challenge

Elon Musk’s X has updated its Terms of Service to affirm its ongoing claim to the “Twitter” trademark. This update follows a Virginia-based startup, Operation Bluebird, filing an application to trademark the term “Twitter.” The startup argues that X has abandoned the “Twitter” brand by renaming its social network to X.

In its petition to the U.S. Patent and Trademark Office filed on December 2, Operation Bluebird referenced a July 23, 2023, post by Musk, in which he announced that the social network would soon “bid adieu to the Twitter brand.”

X is now challenging that claim with a countersuit of its own. The filing, shared with TechCrunch via IP trademark law firm Gerben IP, asserts that X still holds exclusive ownership of the Twitter and Tweet trademarks, as well as the bluebird logo. However, as of publication, the countersuit has not yet appeared in PACER.

Since Operation Bluebird filed its petition, the startup has been collecting potential user sign-ups for its social network at the website Twittew. The project is led by two lawyers — Michael Peroff, the founder, based in Illinois, and Stephen Coates, a former trademark lawyer at Twitter. Given their backgrounds, the idea that they aim to build a direct rival to X is less likely; instead, their focus is expectedly on acquiring the Twitter trademark, which holds significant value.

In the meantime, X is not taking any chances. The updated Terms of Service, effective January 15, 2026, now state:

“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.”

Previously, the Terms only referred to X in this section, with no mention of Twitter.

Other minor updates to the Terms include references to EU laws and content generation. Additionally, X’s Privacy Policy was updated to include new references to age-assurance technology

This article was updated with a link to the countersuit following its initial publication.