“Oracle has informed us they won’t voluntarily withdraw their trademark on ‘JavaScript’.” That’s the word coming from the company behind Deno, the alternative JavaScript/TypeScript/WebAssembly runtime, which is pursuing a formal cancellation with the U.S. Patent and Trademark Office.
So what happens next? Oracle “will file their Answer, and we’ll start discovery to show how ‘JavaScript’ is widely recognized as a generic term and not controlled by Oracle.” Deno’s social media posts show a schedule of various court dates that extend through July of 2026, so “The dispute between Oracle and Deno Land could go on for quite a while,” reports InfoWorld:
Deno Land co-founder Ryan Dahl, creator of both the Deno and Node.js runtimes, said a formal answer from Oracle is expected before February 3, unless Oracle extends the deadline again. “After that, we will begin the process of discovery, which is where the real legal work begins. It will be interesting to see how Oracle argues against our claims — genericide, fraud on the USPTO, and non-use of the mark.”
The legal process begins with a discovery conference by March 5, with discovery closing by September 1, followed by pretrial disclosure from October 16 to December 15. An optional request for an oral hearing is due by July 8, 2026.
Oracle took ownership of JavaScript’s trademark in 2009 when it purchased Sun Microsystems, InfoWorld notes.
But “Oracle does not control (and has never controlled) any aspect of the specification or how the phrase ‘JavaScript’ can be used by others,” argues an official petition filed by Deno Land Inc. with the United States Patent and Trademark Office:
Today, millions of companies, universities, academics, and programmers, including Petitioner, use “JavaScript” daily without any involvement with Oracle. The phrase “JavaScript” does not belong to one corporation. It belongs to the public. JavaScript is the generic name for one of the bedrock languages of modern programming, and, therefore, the Registered Mark must be canceled.
An open letter to Oracle discussing the genericness of the phrase “JavaScript,” published at https://javascript.tm/, was signed by 14,000+ individuals at the time of this Petition to Cancel, including notable figures such as Brendan Eich, the creator of JavaScript, and the current editors of the JavaScript specification, Michael Ficarra and Shu-yu Guo. There is broad industry and public consensus that the term “JavaScript” is generic.
The seven-page petition goes into great detail, reports InfoWorld. “Deno Land also accused Oracle of committing fraud in its trademark renewal efforts in 2019 by submitting screen captures of the website of JavaScript runtime Node.js, even though Node.js was not affiliated with Oracle.”