X Temporarily Retains "Twitter" Trademark But May Lose Bird Logo and "Tweet"

WISECODE Take

Many business owners assume that rebranding means abandoning the old trademark, but the dispute over X's transition from Twitter proves that rights during a transition period are not cut-and-dry. On September 3, 2026, Judge Colm F. Connolly of the U.S. District Court for the District of Delaware noted that since X Corp. still uses "formerly Twitter" in the App Store, it is unlikely they abandoned the mark. However, in the lawsuit filed by X against Operation Bluebird in December 2025, X failed to present evidence of current use for the bird logo and "Tweet," allowing the opponent to continue using them. This shows that during rebranding, old assets risk being used by competitors if there is no continuous evidence of commercial use. For businesses not undergoing rebranding, this case has no impact. First, retain all dated records of old trademark usage, including app store descriptions and marketing materials. Second, deliberately display the old name alongside the new one during the transition to maintain legal use. Rebranding is never a one-sided declaration; continuous usage records are the only evidence to defend old trademarks.