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BRUSSELS — Twitter turned into X this week, marking the spot for trademark lawyers to send off legal warnings to its billionaire owner Elon Musk.
Rockers Metallica, software giant Microsoft, carmaker Honda and sportswear brand Adidas all own versions of X as a trademark.
There are already 262 Xs registered as trademarks with the European Union’s Intellectual Property Office, according to an agency database. These give companies exclusive rights to use X in certain design formats, for certain purposes — such as clothing — or for certain industries, such as entertainment or financial services.
Musk changed the name of the social media known as Twitter earlier this week, a rebrand that’s apparently part of a broad plan to turn it into an “everything app” to offer commercial services on a platform once central to online public debate.
But there’s no sign of Twitter or Musk owning an EU trademark for X.
“If one plans to change the name, certainly a well-known name, you would expect the intellectual property rights in this respect to be secured,” said David Krantz, a trademark lawyer with law firm Aomb. “This, however, appears not to be the case.”
Failing to secure the right to use X risks legal action that could see Musk ordered not to use the name or symbol in certain circumstances, or at all, or even to face damages claims for infringing on another company’s established trademark.
Pinsent Masons lawyer Triona Desmond described it as “a bold thing to do.” If Musk files for EU trademarks on the social media’s new name, “he could come up against loads of different entities that have loads of different X marks.”
Sony and Panasonic both own several X trademarks registered on the database. Microsoft has two trademarks for an image of an X, including the logo of its best-selling Xbox games console, which it has owned since 2006 and which isn’t set to expire until May 2025. It also owns several X-based trademarks in the United Kingdom. Freemantle Media also owns an EU trademark for its “X Factor” TV talent show.
If X trademark owners “feel that the logos are too similar, and services are too similar and that there may be a risk of confusion among consumers, I’m sure that they will consider taking action,” said Lisbeth Depyere, a senior associate at law firm CMS.
The risk for Musk could be “some quite high damages” for trademark infringement, Desmond said.
“I would expect third parties to take action,” Desmond said, because the billionaire “is known to … you know, wouldn’t mind throwing some money at it.”
Musk joked last year about how Twitter had plunged in value since his $44 billion takeover.
“How do you make a small fortune in social media?” he tweeted — or, rather, X-ed.
“Start out with a large one.”