INTRODUCTION

It has been two months since Elon Musk, the rightful owner and CEO of Twitter announced that Twitter, one of the most popular social media platforms with 430 million active users as of 2023 and an estimated 652.23 million users in 2028, is undergoing a rigorous and dramatic rebranding that includes the completely and dramatically changing of the Twitter logo (hereinafter known as the “Larry T Bird”). The renowned Twitter bird logo is now replaced by an “X” as the company’s trademark and trading logo.  Elon once stated that “our logo is our most recognisable asset. That’s why we’re so protective of it.” Following this revelation, the “X” has spread throughout all social media platforms and has become the most talked-about logo and has attracted undivided attention. Many would wonder why Elon would change the Twitter logo with a “X” given the Twitter logo is so well-known worldwide. When a company undertakes a major rebranding, it must take intellectual property into great account – this may not have been the case with Elon. This article highlights the significance of intellectual property considerations while undergoing a rebrand and severe modifications to the company’s logo or trade mark, as well as key intellectual property aspects to keep in mind when making a change or rebrand of a trade mark as is the case with Twitter.

TRADE MARK SEARCHES

When undertaking a rebrand in and around your firm, the very first step to consider is a trademark search. A clear trade mark search will tell you whether the renamed trade mark is registrable under Trade Mark law. This is not the case with Musk’s “X” concept. Elon has been toying with the idea of X since acquiring Twitter in 2022. Unfortunately, the “X” mark may have legal ramifications with Elon’s Twitter rebranding because a number of other well-known and well-established corporations, like Meta (META.O.) and Microsoft (MSFT.O.), have previously registered intellectual property rights in and around “X”. It’s no secret that Elon’s decision to use this mark stems from the failed X.com banking startup he launched in 1991, before the same X.com became “PayPal” in 2001. Elon tweeted in 2011: “Thank you PayPal for allowing me to buy back X.com!” There are no immediate plans, but it holds significant sentimental worth for me.” Even after acquiring intellectual property rights in and around X.com, the “X” mark is vulnerable to serious legal challenges, which may force other corporations to pursue their intellectual property rights in and around this letter. A key takeaway from this is that conducting a trademark search is an essential step to take when rebranding your firm. Failure to do a proper search may result in you adopting someone else’s trade mark, which may result in major legal difficulties for your firm and in worst case scenario your firm and brand forced to closing.

DOMAIN NAME SEARCHES

One of the most crucial intellectual property components is a domain name. In the case of a well-established social media platform with the domain name “twitter.com,” a suitable domain name search is one of the most important elements in the company’s rebranding. The domain name is how the client, in this example Twitter users, would find Twitter on the internet by utilising this name to log in to Twitter. Elon chose to utilise X.com as the official Twitter domain name after acquiring it. If you type X.com into your browser, it will send you right to Twitter. However, some users at the inception of the domain name have pointed out that the “x.com” domain was parked free, courtesy of GoDaddy.com. when clicking on this link will take you to the GoDaddy.com website. Since Elon has acquired the intellectual property rights to the X.com domain name, it is critical that this domain name not be confusingly similar to any companies with existing domain names, and that errors such as redirecting users to another website be carefully considered. When you adopt a domain name closely similar to that of another could result to serious legal implications where the other side can enforce their legal rights against your infringing domain name which will cause your adopted domain be completely removed and shutdown.

TRADE MARK APPLICATIONS IN RELEVANT JURISDICTIONS

Since Twitter is a globally recognised social media network and has legally enforceable rights in its trade mark applications in all relevant jurisdictions. However, because other tech behemoths already have intellectual property rights in the letter “X,” including 900 other active users in the United States in various industries, Twitter is unlikely to secure a trade mark application around its “X” trade mark applications because the letter X is already in use by many trade mark owners and a letter already lacks anything distinctive about it. As a result, the letter’s protection will most likely be limited. Protection of a single letter is already difficult in trade mark law. Given that any letter should be available for use by anybody, the breadth of protection and the probability of courts granting protection over a letter is quite slim. For example, companies such as Meta (META.O.) and Microsoft (MSFT.O.) who have previously registered intellectual property rights in and around “X” are limiting the scope of protection of the letter X. However, when rebranding a company, it is critical that the firm file and register trade marks, particularly in the jurisdiction where the company plans to use the mark.

CONCLUSION

Unlike any other firm rebranding I have seen, the Twitter rebrand is the most interesting and instructive, given that Twitter is one of the top three largest social media platforms with millions of users. The Twitter rebranding has not only surprised active Twitter users, but also trade mark attorneys. What we have learned from the Twitter rebranding is that intellectual property consideration is critical for any business that wishes to rebrand their compant. However, before making major changes, there are a few intellectual property factors that must be taken into account. As illustrated above, the use of “X” has a restricted area of protection because the letter is available to anyone who wants to use it. Even if Elon has been given protection for X, enforcing the rights in and around the letter “X” would be extremely difficult for X Corp. This means that, even if X obtains successful trade mark registrations, Twitter’s trade marks are stronger and better than X’s.