Oracle, which owns the 'JavaScript' trademark, has been asked to release the trademark, but has refused, saying it has 'no intention of voluntarily withdrawing it.'



JavaScript is a programming language that plays an important role in building and running the web, along with HTML and CSS. Although the trademark for JavaScript is owned by Oracle, a computer technology company headquartered in Texas, a well-known engineer took the lead in collecting more than 14,000 signatures and asking Oracle to release the trademark, as JavaScript is widely recognized as a common term. However, Oracle has officially indicated its intention not to release the trademark.

Deno v. Oracle: Canceling the JavaScript Trademark
https://deno.com/blog/deno-v-oracle



JavaScript was released by Netscape Communications and Sun Microsystems in 1995. Sun Microsystems was acquired by Oracle in 2009, at which time the 'JavaScript' trademark was also transferred.

Ryan Dahl and others, developers of Deno, a runtime environment for JavaScript and TypeScript, have petitioned the United States Patent and Trademark Office (USPTO) to revoke Oracle's 'JavaScript' trademark on November 22, 2024, with the aim of freeing 'JavaScript' from legal entanglements and recognizing it as a shared public good.

Dahl et al.'s argument is as follows:

・1: JavaScript is versatile
The term 'JavaScript' has become a household name for a programming language. It is used by millions of developers and organizations around the world, in places completely independent of Oracle. By law, a trademark that has become a generic name cannot remain a trademark. JavaScript is not a brand, it is a foundation of modern programming.

2. Oracle has made false claims in the past
When Oracle renewed its JavaScript trademark in 2019, it submitted screenshots to the USPTO of Node.js , a project launched by Dahl that is completely unrelated to Oracle. Presenting Node.js as evidence of Oracle's 'commercial use' violates the integrity of trademark law. If the USPTO relied on this false evidence to renew the trademark, it could invalidate the trademark renewal.

3. The trademark has been abandoned.
Oracle has not offered any significant products or services under the name 'JavaScript' for many years. Under US law, a trademark that has not been used for three consecutive years is considered abandoned, and Oracle's inaction clearly meets this standard.

Dahl and his team sent a petition to the USPTO and also started a signature campaign, which has now collected over 14,000 signatures, including that of Brendan Eich, the creator of JavaScript.



A similar attempt to open up the 'JavaScript' trademark was also made by Dahl and others in 2022, but was ignored by Oracle. Dahl said, 'Oracle probably has no real business interest in this trademark. The trademark was renewed because legal practitioners are obligated to renew all trademarks, regardless of relevance or use. If they do not take action this time, we will file a petition for cancellation with the USPTO and challenge their ownership.'

However, in January 2025, Oracle responded to the petition, informing Dahl and others that it had no intention of voluntarily withdrawing the 'JavaScript' trademark.



Dahl claims that JavaScript no longer has trademark value, so even if an ordinary engineer were to release a product that includes the name JavaScript, Oracle would likely not be able to sue for trademark infringement. However, Dahl points out that just because Oracle owns the trademark, careful engineers are avoiding the name JavaScript, and confusing terms are being created, just as the JavaScript standard defined by ECMA, the organization responsible for standardizing JavaScript, avoids the name JavaScript as ' ECMAScript ,' Dahl said.

With Oracle's refusal, Dahl has indicated his intention to continue lobbying the USPTO to put the trademark into the public domain, including through a legal battle.

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in Software, Posted by log1e_dh