The Strategic Genius of Hiding Trademarks in Plain Sight: The Case of X Corp
In the world of business and Trademarks, it’s often a chess game with high stakes. While more giant corporations might seem to have an advantage in this intricate dance of Intellectual Property, a move is so strategic yet surprisingly underutilized. It involves the clever art of hiding your intentions while securing valuable Trademark rights. This game plan is akin to hiding in plain sight and is more common than you think. One of the most recent examples? Elon Musk’s Twitter-to-X transformation.
It’s been three months since the tech mogul announced his brainchild, Twitter, would undergo a radical name change to simply ‘X.’ Yet, the element of surprise was maintained impeccably. The company’s first “X” Trademark filings with the United States Patent and Trademark Office (USPTO) only occurred on September 22. Intriguingly, these filings weren’t initiated within the United States but instead on the vibrant shores of Jamaica back in March.
So, what’s the secret sauce to this cunning move? Priority. The priority date is a vital element in the Trademark universe. By initially filing the “X” Trademarks in Jamaica, the masterminds at X Corp gained a crucial head start without giving away the existence of their filings. How did they do this? Through a globally binding treaty known as the Paris Convention.
The Paris Convention, inked by 178 countries, allows companies to take a strategic step. Suppose a Trademark is filed in one of these countries. In that case, it can be filed in any of the other signatory countries within six months while retaining the priority date of the original filing. The “X” Trademark’s Jamaican journey was pivotal in this context. Filed on March 24, 2023, it laid the foundation for the X Corp’s United States Trademark filings on September 22, 2023.
This move is nothing short of genius. While traditional “squatters” might have attempted to stake claims over the past two months, they now find themselves behind X Corp’s queue. In the complex world of intellectual property, the strategic deployment of geography and treaties can be a game-changer. As the name ‘X’ heralds a new era for Twitter, it’s a testament to how intellectual property strategies can be both intelligent and remarkably effective, hiding in plain sight until the right moment to strike. It’s a lesson in how thinking several moves ahead can protect your assets and, in this case, a company’s name from potential spoilers.
But then, it is possible in the US to obtain a trademark registration on a single letter. Under US law, given the amount of market presence that Twitter/X has, distinctiveness is not an issue preventing this mark’s registration. But it is more likely a problem in other countries around the world.
If you look at the current database from the World Intellectual Property Organization (WIPO), apart from the United States, “X” has also been submitted in Canada, Mexico, and the European Union. Indonesia, which is also one of the member countries of the Paris Convention, is not a destination because regulations will hamper registration of this one-letter mark unless it is considered a well-known mark.
Should you require further consultation regarding Trademark registration in Indonesia or abroad, please contact us at [email protected].
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