Frequently Asked Questions - proof of use
The Verification of Proof of Use (POU) by the Trademark Clearinghouse is required to qualify for participation in the Sunrise Domain Name Registration processes or if you want to benefit from the TREx service.
The submission for verification of Proof of Use must contain two elements:
- A signed declaration of Proof of Use
- A single sample of Proof of Use
We kindly refer to the following links to download the required templates of the signed declaration of POU:
- Trademark Agent: www.trademark-clearinghouse.com/content/proof-use-signed-declaration-tra...
- Trademark Holder: www.trademark-clearinghouse.com/content/proof-use-signed-declaration
The Proof Of Use (signed declaration and sample) will expire 5 years after it has been submitted and will need to be resubmitted to maintain a valid POU. In case your documents are (almost) older than 5 years, you will be required to re-verify the validity and actuality of the uploaded sample and declaration of use.
To do so, a POU revalidation page has been launched on our TMCH web interface. This page is accessible when logged in to your account, via the right hand side of the page in the Mark overview tab or Mark details page. The possibility to revalidate your POU will only be available in case you have POU documents that are almost 5 years or older.
In case your POU has already expired, a pop-up message will appear on your trademark details page requiring you to revalidate/invalidate the POU documentation associated with that specific trademark record.
For further details on the different steps to revalidate your POU documents, please refer to our one pager below or our full manual.
In case you have any further questions related to the revalidation of the POU, feel free to contact us directly via our hotline or via our support page.
If the Trademark Holder of the registered trademark opts for sunrise services, the proof of use submitted by the Trademark Holder or Trademark Agent will be verified. When examining the sample of proof of use submitted by the Trademark Holder or Trademark Agent, it will be verified that the sample submitted is a sample that evidences an effort on behalf of the trademark holder to communicate to a consumer so that the consumer can distinguish the product or services of one from those of another.
Accordingly, examples of acceptable evidence would include items from either of the following categories:
1. Labels, tags, or containers from a product.
2. Advertising and marketing materials (including brochures, pamphlets, catalogues, product manuals, displays or signage, press releases, screen shots, or social media marketing materials).
An uploaded and verified Proof Of Use file is valid for 5 years and can be uploaded in 2 separate files, the actual sample of use and a signed declaration of proof of use.
If you have chosen not to upload proof of when the trademark record was submitted you can add it later on by clicking on the trademark record in the trademark view, navigating to the "Proof Of Use" field and selecting "Add proof of use".
Adding Proof Of Use at a later stage is only possible after the trademark record has been verified.
Yes the accent needs to be present in the sample of proof of use as the sample submitted must contain the complete name of the registered trademark as recorded in the trademark records and as verified and determined correct.
The fact that you can upload proof of use at a later stage: this will be implemented in the coming weeks and shall no longer be done through customer support.
Yes, a screenshot of a website containing the name of the trademark can be accepted as proof of use.
As stated in the proof of use memo as published on the ICANN website and as mentioned in the Clearinghouse Guidelines, a link to website is insufficient.
Yes, if you submit a registered trademark in the Clearinghouse and wish to benefit from the sunrise services, you will have to submit a single sample of proof of use as well as a signed declaration of proof of use. You can find more information concerning the proof of use in the Clearinghouse Guidelines available on this website.
Yes, only one sample of proof of use is necessary per trademark record.
As stated in the Clearinghouse Guidelines, one sample of proof of use is sufficient per trademark record.
You will only need to submit one valid sample of proof of use per trademark record linked to a registered trademark.
If you wish to opt in for the Sunrise Services or the TREx service, an evidence of the use of your trademark is required. The Verification of Proof of Use (POU) by the Trademark Clearinghouse is required to qualify for participation in the Sunrise Domain Name Registration processes or if you want to benefit from the TREx service.
The option of opting in for the related services can be selected at a later stage.