Everyone is talking about who owns the "X" Trademark, but it isn't that simple - it is simpler. Source.
Trademarks confuse a lot of people, including Trademark attorneys, who often believe they are buying and selling words or even letters. That is not the case. As I noted before, people confuse Patents, Trademarks, and Copyrights. Patents cover inventions. Copyright covers things like books, records, pictures and movies. Trademarks - the bastard son of intellectual property - indicate the source of goods or services and unlike Copyrights and Patents (which are ensconced in the Constitution) were part of the Common Law, before being codified in America.
That simple definition "indicating the source of goods or services" says a lot. It means that in order to "own" a mark, you have to be selling some goods or services. You cannot merely file for registrations if you are not in business. Well, you can, but your registration may be challenged for lack of use. And even on an "intent to use" application, you must really intend to use it and if you don't, your registration is worthless.
So while a lot of ink has been spilled about how Microsoft or Alphabet or "Meta" has a registration for the mark "X" for social media, I am not aware of any of those organizations having a social media company or division or service called "X".
Note also that you have to renew your Trademark Registration every few years, so if a Mark has expired (or was cancelled or withdrawn) that status indicator only shows up on a secondary search engine. The actual registration may appear online, but that doesn't mean it is in force. Just because you have license plates on your car doesn't mean they are valid and your insurance is up-to-date.
And in any Trademark registration, field of use is key. I might own a registration for "X" for laundry detergent. It doesn't mean I can sue Elon Musk or vice-versa (well, anyone can sue anyone, winning is another matter). There are a plethora of registrations and applications for "X" marks on the USPTO database, but that doesn't mean any of their owners can sue anyone for saying "X" or using it on an unrelated product.
There are also word and logo marks to consider. A word mark is more powerful as it encompasses the word (or in this case, letter) itself, regardless of what font is used or whether it is stylized. A logo or image mark is narrower in focus, and is an image of a mark in a particular font and style. And yes, you can have both - Ford has a registration to its word mark "Ford" and also to the stylized logo with (and without) the blue oval.
And bear in mind that you don't need to register a mark to have Trademark rights - common law Trademark rights. Federal Registration merely provides you with additional litigation rights and also puts others on notice of your use of the mark. But if someone has been using a mark in the common-law sense (TM) they may still have rights to use that mark. If they obtain a registration (R) then they may be able to collect additional damages and have injunctive relief.
But what about domain registrations? After all, Elon Musk bought the rights to "X.com" many years ago, right? Well a domain registration isn't the same as a Trademark registration. You can register (or could have) "CocaCola.com" back in the day, but it didn't mean you could start selling soft drinks. A domain name registration is not a Trademark registration! And by the way, they passed a law against "domain name squatting" so people can't just buy domain names that are also trademarks belonging to others.
And bear in mind, I am talking about US law. Laws in other countries differ. In many small, third-world countries, well, the dictator's nephew owns the mark to "Coca-Cola" and they have to buy him off to get the brand.
All that being said, if you have a strong word and logo marks ("Twitter" and the blue bird) that you have already registered and used for years, it is foolish to re-brand yourself with a weaker mark like "X". Twitter was a unique name that had no real connected meaning, so it was a strong mark. Not only that, but the years of use strengthen the mark as well. Only an idiot would throw that away on a whim.
Google, Inc. may have renamed itself "Alphabet" but they never abandoned the "Google" mark or stopped using it. No one "Alaphabets" something on the Internet - ever. Similarly, Zuckerberg may want to call Facebook, Inc. "Meta" but their social media website is still called "Facebook" and I doubt they will change that anytime soon. Those folks aren't idiots.
Of course, airlines often change their names after a major crash - maybe that is what Musk is trying to do here. He claims that he wants to transform Twitter into some sort of one-stop-shopping online experience encompassing everything including your banking. But after he fired all his programmers, it is not clear how he will construct this new website. He doesn't even have the money to hire lawyers all around the world to register and obtain trademark protection for "X". In terms of brand-management, this is a real boner.
Unless, of course, it is all just a last gasp for attention - the "New Coke" of social media. After a month, he will "capitulate to popular demand" and revert to Twitter. Perhaps. Perhaps he has lost his mind or perhaps he is doing massive amounts of coke. The behavior is erratic and narcissistic.
So who owns "X" anyway?
Well, there are hundreds of registrations to "X" marks, both word and stylized - and thousands of applications pending. But only a few are in the same or similar "Field of Use" as Twitter and are still actively being used. Microsoft has a lot invested in its "XBox" mark and apparently has a registration (I will update later, the USPTO search engine keep crashing this morning!) to "X" for use in communicating with and between XBox users - a "field of use" similar enough to social media (if not the same) to cause major concern. Worse yet, the mark belongs to one of the richest and most litigious companies in the world. Microsoft can afford to sue over this.
But wait, it gets weird. According to the USPTO database (see below) Meta somehow purchased the rights to this Mark! I am not sure how they are using the Mark in commerce, though.
Like I said, it seems like a really dumb move, not very well thought out, like most of what Musk has done since his wife left him for a trans person. The guy is just getting crazier and crazier - or maybe we are just starting to realize the Myth of Musk was just a PR stunt, and since he's fired his PR team, he can't keep up the facade anymore. Impulsive and erratic actions are not the sign of a stable CEO.
So, who owns "X"? A lot of people. But all Musk has is a pretty useless domain name registration, in an era where everyone uses Google to find sites, or bookmarks them.
And people will still call it "Twitter" just to piss off Elon, too.
Domain Names! How 1990's, Boomer!
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From USPTO.gov:
| Word Mark X Goods and Services IC 009. US 021 023 026 036 038. G & S: Computer software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of data, text, games, game content, digital media, images, music, audio, video, movies and animations; application programming interface (API) software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of data, text, games, game content, digital media, images, music, audio, video, movies and animations; computer software for sending, receiving and organizing electronic mail, messaging, enabling internet chat and social networking; computer software for purchasing and subscribing to digital media content; computer software development tools; computer software for developing and publishing applications for interactive streaming; software development kits (SDK's) for developing software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of data, text, games, game content, digital media, images, music, audio, video, movies and animations; computer software that enables users to designate specific content for future viewing; computer software for management and storage of digital media; computer software for accessing, browsing and searching online databases; software for filtering internet searches; audio recordings featuring music; video recordings featuring music, video games, movies and animations; computer software that allows gamers to live broadcast their games from a gaming console, or to watch games being played by others. FIRST USE: 20170525. FIRST USE IN COMMERCE: 20170525 IC 035. US 100 101 102. G & S: Promoting the goods and services of others; promotional sponsorship of games, gamers, and gaming events; promoting the goods and services of others by arranging sponsorships for others; administration and coordination of community recreational team leagues in the field of video gaming; administration and coordination of recreational opportunities for individuals who wish to participate in team leagues for video gaming; providing a website portal and online database featuring promotion and advertising for music, video games, movies and animations. FIRST USE: 20170525. FIRST USE IN COMMERCE: 20170525 IC 038. US 100 101 104. G & S: Streaming of digital media content on the Internet; streaming of games on the Internet; streaming of audio, video and audiovisual material on the Internet; video on demand transmission services; providing user access to digital data and content in the field of music, video games, movies and animations in a data network; providing a website for live streaming of gaming content, music, audio, video and animations on the internet; providing access to databases that feature game-related information, audio, music, video and animation via websites; providing online forums for transmission of messages among computer users ; providing internet chat rooms; audio broadcasting; video broadcasting; electronic transmission of mail and messages; communications services, namely, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks; audio, video, and Internet broadcasting and webcasting services; streaming of music and movies on the internet streaming and audio, radio, video and Internet broadcasting services; transmission of news; video on demand transmission services of entertainment content; providing access to a web site on the Internet featuring gaming-related information, music, videos, movies and animation. FIRST USE: 20170525. FIRST USE IN COMMERCE: 20170525 IC 041. US 100 101 107. G & S: Entertainment services, namely, providing online video games; entertainment services, namely, live streaming content; entertainment services, namely, providing non-downloadable films and movies via a video on demand service; entertainment services, namely, providing non-downloadable online videos featuring games being played by others; entertainment services, namely, live performances by video game players; entertainment services, namely, providing a web site featuring computer gaming-related information, non-downloadable music, non-downloadable videos about music, video games, movies and animations; providing information and news relating to computer gaming and music; Online journals, namely, blogs featuring articles on gaming and gaming-related activities; arranging and conducting competitions for video game players; entertainment services, namely, organizing and producing gaming events; organizing, conducting and operating video game tournaments; entertainment services, in the nature of organizing video gaming leagues; organization of gaming competitions, namely, organizing electronic, computer and video game competitions; providing online news, information and commentary in the fields of entertainment as it relates to e-sports, video gaming, video games and video game players; entertainment services, namely, providing on-line video games via social networks; providing enhancements within online video games, namely, enhanced levels of game play; entertainment services, namely, providing virtual environments in which users can interact through social games for recreational purposes; entertainment services, namely, providing virtual environments in which users can interact for recreational, leisure, or entertainment purposes; organizing educational and entertainment conferences for software developers in the field of software development and gaming; organizing educational and entertainment conferences in the field of gaming, video gaming and digital content; education, namely, conducting classes, seminars, workshops and training services in the field of software development; publishing of online works of others featuring user-generated text, audio, video, and graphics; providing online publications in the nature of blogs and articles in the field of music, video games, movies and animations; entertainment services, namely, providing online non-downloadable pre-recorded music tailored to viewer's programming preferences; arranging of contests and sweepstakes; entertainment services, namely, providing non-downloadable movies and documentaries via a video-on-demand service; providing information, news and commentary in the field of computer gaming and entertainment; providing an online website portal for consumers to play on-line computer games and electronic games and share game enhancements and game strategies for recreational computer game playing purposes; providing educational training, namely, online tutorials in the field of video gaming and video games; providing an Internet website portal featuring entertainment content about video games and video game players; Non-downloadable electronic publications in the nature of blogs in the field of music, video games, movies and animations; providing temporary use of non-downloadable game software. FIRST USE: 20170525. FIRST USE IN COMMERCE: 20170525 IC 042. US 100 101. G & S: Design and development of computer software; providing interactive websites featuring technology that enable online users to create personal profiles; providing online non-downloadable software and software as a service (SaaS) services featuring software, for transmitting and for receiving live streaming; providing online non-downloadable software and software as a service (SaaS) services featuring software, for transmitting and for receiving video on demand; electronic storage of electronic media, namely, images, text, video, and audio data; providing temporary use of online non-downloadable software and software as a service (SaaS) services featuring software for broadcasting, transmitting, receiving, accessing, viewing, uploading, downloading, sharing, integrating, encoding, decoding, displaying, formatting, organizing, storing, caching, transferring and streaming of data, text, games, game content, digital media, images, music, audio, video and animations; providing temporary use of online non-downloadable software and software as a service (SaaS) services featuring software for sending, receiving and organizing electronic mail, messaging, enabling internet chat and social networking; providing temporary use of online non-downloadable software and software as a service (SaaS) services featuring software for purchasing and subscribing to digital media content; providing temporary use of online non-downloadable software and software as a service (SaaS) services featuring software for developing and publishing applications for interactive streaming; providing temporary use of online non-downloadable software and software as a service (SaaS) services featuring software for management and storage of digital media; computer software consulting services in the field of gaming technology and graphics software; computer programming services; providing temporary use of non-downloadable game software; Application service provider (ASP), namely, hosting computer software applications of others; hosting of third party digital content in the nature of photos, videos, audio, music, text, data, images, software, applications, games, web sites and other electronic works on the Internet; hosting of digital content on the Internet; consulting in the field of the design and development of computer hardware, software, software applications, and computer networks; digital and electronic file data transfer from one computer format to another; provision of Internet and computer network search engines; graphic design services; Software as a Service (SAAS) featuring software for facilitating audio, video and digital content creation, subscriptions and one-time purchases; creating an online community for computer users to participate in discussions, obtain feedback, form virtual communities, and engage in social networking; software maintenance, installation and update services; providing a website featuring technology that enables users to live stream gaming content, music, audio, video and animations. FIRST USE: 20170525. FIRST USE IN COMMERCE: 20170525 IC 045. US 100 101. G & S: Online social networking services; online social networking services, namely, facilitating social introductions or interactions among individuals; social networking services in the fields of entertainment, gaming and application development; providing information about social networking that involves online gaming, online video games and online video gaming applications; providing an Internet website portal for engaging in social networking; providing information, news, commentary in the field of social networking. FIRST USE: 20170525. FIRST USE IN COMMERCE: 20170525 Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM Serial Number 87980831 Filing Date May 25, 2017 Current Basis 1A Original Filing Basis 1B Published for Opposition July 24, 2018 Registration Number 5777374 International Registration Number 1396905 Registration Date June 11, 2019 Owner(REGISTRANT) Microsoft Corporation CORPORATION WASHINGTON One Microsoft Way Redmond WASHINGTON 980526399 (LAST LISTED OWNER) META PLATFORMS, INC. CORPORATION DELAWARE 1601 WILLOW ROAD MENLO PARK CALIFORNIA 94025 Assignment Recorded ASSIGNMENT RECORDED Attorney of Record Melissa Capotosto Description of Mark The color(s) white and blue is/are claimed as a feature of the mark. The mark consists of a stylized letter "X". The left side of the "X" is white and the right side of the "X" is blue. The shaded square carrier represents background only and is not a part of the mark. Type of Mark TRADEMARK. SERVICE MARK Register PRINCIPAL Live/Dead Indicator LIVE |
