Ryan Dahl, the creator of the JavaScript platforms Node.js and Deno, is seeking to revoke the trademark "JavaScript" from Oracle. The first step was a public letter published last year to Oracle, urging the company to relinquish the JavaScript trademark, as the term has become generic, unrelated to specific Oracle products and is widely used by individuals and companies.
Oracle has not responded to the call, and Ryan attempted to revoke the trademark with the U.S. Patent and Trademark Office (USPTO). A petition was filed with the Trademark Trial and Appeal Board (TTAB) to cancel the trademark, citing three claims: misleading information during trademark renewal, use of the trademark as a common term, and non-use of the trademark in its owner’s products.
A few days ago, the Appeals Board rejected the first claim, which argued that during the renewal of its rights to the "JavaScript" trademark in 2019, Oracle misled the USPTO and provided inaccurate information. To demonstrate its products using the "JavaScript" trademark, Oracle included a screenshot from the Node.js platform website, which is unrelated to Oracle and has never been its product. Ryan disagrees with this decision but does not intend to waste resources on contesting it, as it would only prolong the proceedings for months.
It has been decided to focus efforts on the remaining two claims — the generic nature of the term "JavaScript" and the non-use of the trademark in Oracle products:
- The word "JavaScript" is widely used to describe the programming language defined by the ECMA-262 specification, rather than a brand or product of Oracle, which is unrelated to the evolution of the JavaScript language. The term JavaScript is used by millions of developers worldwide, regardless of Oracle. Oracle has never controlled the development process of the specification or the use of the language. Under U.S. law, terms that have become generic cannot remain trademarks.
- The trademark "JavaScript" was acquired by Oracle along with the assets of Sun Microsystems, and it is not directly associated with any of Oracle's products in practice. The JavaScript language is standardized by the Ecma organization, managed by the TC39 working group, and implemented by companies like Apple, Google, and Mozilla. U.S. law considers trademarks that have not been used for three years to be abandoned.
By August 7, Oracle representatives must provide responses to all points raised in the trademark cancellation petition to the USPTO. The hearing will begin at the USPTO on September 6. Over 20,000 developers have signed a petition stating that the "JavaScript" trademark does not serve the public interest and hinders the industry.
It is noted that having a valid trademark forces companies developing products related to the JavaScript language to operate in a gray area, using the name as long as Oracle has not made any claims. For example, due to fears of potential claims from Oracle, the "JavaScript Conference" has never been created. It is assumed that Oracle retains the trademark, which it does not use, to maintain influence over the ecosystem in which it no longer participates.
Source: opennet.ru
