Ryan Dahl (Ryan Dahl), the creator of JavaScript platforms node.js and deno, is seeking to challenge the Oracle brand “JavaScript”. His efforts began with the publication of open letters to Oracle last year, urging the company to relinquish the JavaScript trademark, as the term has become widely used beyond Oracle’s specific products.
Despite Oracle’s lack of response, Ryan pursued trademark cancellation through the United States Patent and Trademark Office (USPTO). The appeal to the Trademark Trial and Appeal Board (TTAB) cited three claims: misleading extension of the brand, general usage of the term, and lack of brand utilization in Oracle products.
Recently, the TTAB dismissed the claim regarding Oracle’s allegedly misleading extension of the JavaScript trademark rights in 2019. Oracle presented a screenshot from the Node.js website as evidence of product usage, which Ryan disputes as Node.js is not affiliated with Oracle. However, Ryan has chosen not to contest this decision in order to avoid prolonging the proceedings.
Focusing on the remaining two claims, Ryan argues that “JavaScript” is a generic term used universally to describe the programming language based on the ECMA-262 specification, not exclusively tied to Oracle. Additionally, he asserts that the JavaScript trademark, acquired by Oracle through Sun Microsystems, is not directly linked to any Oracle products.
- The term “JavaScript” is used by developers worldwide to reference the standardized programming language, regardless of Oracle’s involvement. US law dictates that common terms cannot be trademarked.
- Furthermore, the JavaScript language is overseen by organizations like ecma and tc39, with implementation by companies such as Apple, Google, and Mozilla. Abandoned trademarks, unused for three years, face potential cancellation.
Oracle has until August 7 to respond to all points raised in the trademark cancellation application. Subsequently, the USPTO will commence proceedings on September 6. Over 20 thousand developers have signed a petition in support of Ryan’s efforts.