On November 22, 2024, Deno formally filed a petition with the USPTO to cancel Oracle’s trademark for “JavaScript.” This marks a pivotal step toward freeing “JavaScript” from legal entanglements and recognizing it as a shared public good.

If successful, the petition will eliminate barriers that have stifled community use of the name. Conferences could reclaim titles like “JavaScript Conference” instead of settling for “JSConf.” The language’s specification could finally drop the cumbersome “ECMAScript” moniker and be known simply as the “JavaScript Specification.” Communities like “Rust for JavaScript Developers” would no longer fear legal threats over their use of the term.

The full petition is available here and is based on three claims:

Claim 1: JavaScript is generic

The term “JavaScript” has become the universal name for the programming language defined by the ECMA-262 specification. It is used globally by millions of developers and organizations, entirely independent of Oracle. By law, trademarks that have become generic cannot remain trademarks.

Oracle neither controls nor has ever controlled the language’s specification or usage. Millions of developers, companies, and educators rely on JavaScript every day without Oracle’s involvement. As stated in the petition, JavaScript is not a brand; it is a cornerstone of modern programming.

Claim 2: Oracle committed fraud

When Oracle renewed the JavaScript trademark in 2019, it submitted fraudulent evidence to the USPTO. This included screenshots of Node.js—a project founded by myself and entirely unrelated to Oracle. Presenting Node.js as evidence of Oracle’s “use in commerce” violates the integrity of trademark law.

The USPTO likely relied on this false evidence to renew the trademark, which potentially invalidates its renewal.

Claim 3: The trademark has been abandoned

Oracle has abandoned the trademark through nonuse. The petition demonstrates that Oracle has not offered significant products or services under the name “JavaScript” in years.

Obscure offerings like the JavaScript Extension Toolkit or GraalVM, do not constitute genuine use in commerce. U.S. law considers trademarks unused for three consecutive years as abandoned, and Oracle’s inaction clearly meets this threshold.

The petition builds on overwhelming community support. Over 14,000 developers, including JavaScript creator Brendan Eich, have signed our open letter urging Oracle to release the trademark. You can also read more about the history of this issue in my 2022 blog post.

What Happens Next?

Oracle has until January 4, 2025, to respond. If they fail to act, the case will go into default, and the trademark will likely be canceled. We sincerely hope Oracle takes this path, acknowledging that “JavaScript” belongs to its global community—not to a single corporation.

However, if Oracle chooses to fight, we are ready. We will present a wealth of evidence proving that Oracle has failed to use the trademark as the law requires. Every step of this proceeding—including all communications with Oracle—will be shared transparently with the community.

Help us spread the word by sharing this post. Together, we can ensure that the name “JavaScript” is as open and accessible as the language itself.

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