This week, Elon Musk became the world’s first trillionaire. Like him or not, he is undeniably a brilliant man. Yet, he cannot put all his success down to smarts. There are instances where he has gotten really lucky.
Take the current trade mark situation re X….
After purchasing Twitter for $44 billion, Musk officially renamed it to X on 23 July 2023, but never secured global trade mark rights to X. So, he has left himself exposed: no longer using his registered mark and only using a mark that is not properly protected.
Along comes Operation Bluebird. Calling themselves twitter.new they applied to register TWITTER and TWEET before the USPTO on 2 December 2025. Claiming convention priority, they have filed applications for those same marks in Australia this month, on 1 June 2026.
Give them credit for bravery! If you want to take on the world’s first trillionaire, then you have to be incredibly courageous or a little bit stupid. Unfortunately, in this case (and this is where Elon Musk’s luck comes in) they might be erring more on the side of a little bit stupid. So close, but their timing is off.
In Australia, for a trade mark to be removed for non-use, it must remain unused for a continuous period of 3 years. Musk stopped use of TWITTER on 23 July 2023. By 23 July 2026, there is a good chance Operation Bluebird could have obtained removal of Musk’s Australian trade mark registrations. And yet, by filing the US application on 2 December 2025, they triggered Musk to update the X Terms of Service to indicate it still lays claim to the “Twitter” trademark on about 16 December 2025. This means that, if Operation Bluebird files an application for removal after 23 July 2026, Musk now has a stronger defence, as there is something to show of his use/claims to rights in the TWITTER and TWEET marks during the relevant 3 year period since 23 July 2023.
So much of trade marks comes down to strategy. It is vital to play out the fight (on a global scale) prior to starting the battle. With a bit more strategizing, Operation Bluebird could have set themselves up for an easier run.
The take-away? If someone is willing to take on a billionaire, I can fight the battles before me. All of us should take heart, be brave, and never shy away from what seems insurmountable. Worst case, we can all have a little chuckle at each other, at that time we tried to be a David, but our aim was a little off, and our stone just missed Goliath’s head.
