Deno v. Oracle: Canceling the JavaScript Trademark
On November 22, 2024, the Deno company formally filed a petition with the USPTO to cancel Oracle’s trademark for “JavaScript.” This filing marks a pivotal step toward freeing the name “JavaScript” from legal entanglements and recognizing it as a public good, shared and maintained by the global developer community.
JavaScript powers the modern web. As the world’s most widely used programming language, its name is synonymous with innovation and accessibility. Yet, its trademark is owned by Oracle—a company with no active role in JavaScript’s development or ecosystem. This outdated legal relic has caused confusion and unnecessary barriers, including cease-and-desist letters sent to organizations for simply using the term “JavaScript” in their names.
If successful, this petition will remove these obstacles, enabling the community to freely use the name “JavaScript” without concerns of legal overreach. Conferences could proudly reclaim the name “JavaScript Conference” rather than resorting to terms like “JSConf.” The language’s specification could finally shed the cumbersome “ECMAScript” title and be known as the “JavaScript Specification.” Communities like “Rust for JavaScript Developers” would no longer face the threat of rebranding to avoid legal challenges.
The full petition is available here. It is built on three primary 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 Deno’s own CEO, Ryan Dahl, and entirely unrelated to Oracle. Presenting someone else’s work 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.