In September 2023, Elon Musk’s company X.Corp attempted to register the mark “X” as a trademark in the European Union, intended to replace the TWITTER brand in classes 9, 41 and 45. Three filings were made, one for each class.
By November, as was widely expected, the EUIPO issued provisional refusals against these marks, on the grounds that the “X” sign lacked sufficient distinctiveness to qualify as a valid trademark.
The EUIPO put forward two main arguments. Firstly, the “X” sign was perceived as describing the content of the products and services, suggesting they were not suitable for minors due to a sexual connotation. Secondly, the “X” sign was seen as representing a cross, symbolizing a choice or used to mark something out.
Despite the counterarguments submitted by X.Corp, the EUIPO upheld its refusal in decisions dated July 12 and 14, 2024.
