What is a Proof of Use?

If the trademark holder of the registered trademark opts in for the Sunrise service, the Proof of Use submitted by the Trademark Agent or Holder will be verified. When examining the sample of Proof of Use submitted by the Trademark Agent or Holder, it will be verified that the sample submitted communicates to a consumer to 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, catalogs, product manuals, displays or signage, press releases, screenshots, or social media marketing materials).

An uploaded and verified Proof Of Use is valid for 5 years and can be uploaded in 2 separate files, the actual sample of Proof of Use and a signed declaration of Proof of Use.

FAQ

API (Automated Interface)

Can we submit documents (e.g. trademark certificate or Proof of Use) via the EPP system or are they running via a separate FTP system or similar? updated
Can we test the API before registering? updated
How can I add a label in the CREATE command via the API? updated
How can I add IDN labels in the CREATE command via the API? updated
How can I change the name of the mark via the API? updated
How can I check what labels qualify as an identical match in accordance to the matching rules? updated
How can I connect to the API v2?
How can I POLL for changes via the API? updated
How can I retrieve the SMD file for a trademark record via the API? updated
How can I test the UPDATE command on the API test environment (OT&E)? updated
How can I trigger the automated status change on OT&E for mark records in non-latin script? updated
How can I view the comments made by a validator on my trademark record? updated
How can we update the smdInclusion flags?
How many connections are allowed from the whitelisted IP address on the production environment and OT&E? updated
How should we handle the case of “N/A” in the API for description of goods and services? updated
Is the trademark holder e-mail address mandatory when creating mark records as an agent?
What do I have to configure in my account in order to get access to the API (PROD and OT&E) environment? updated
What is the correct formatting for the trademark record ID (handle)? updated
When will the testing environment for the Automated Interface (API) be available?
Why are poll messages removed from my poll queue without my knowledge? updated
Will an automated interface be available?
Will I be able to submit abused labels via the API? updated

billing

Are there additional charges for correcting errors in my trademark record? updated
Are there extra fees for opting in or opting out of Sunrise or Claims service? updated
Can I become a Trademark Agent without opting for a Prepaid Account? updated
Can I open a Prepaid Account even if I am not ready to provide the details of the trademarks I want to submit to the Clearinghouse? updated
Can I pay using my native currency if my business is based overseas? updated
Can I pay with a cheque? updated
Can I receive a discount? Is bulk pricing available? updated
Can I receive a paper copy of my invoice (by request)? updated
Can I terminate my Prepaid Account? updated
Can my bill be split into multiple payments? updated
Can you clarify whether the limit of ten trademark record registrations for payment by credit card is based on the number of transactions or the number of credit cards used? updated
Do I have to pay VAT? updated
Do Status Points expire? updated
Does a trademark record registration fee in the Clearinghouse include the domain name registration fee in a Sunrise period? updated
How are currency and transaction costs handled? updated
How can I keep track of my Status Points? updated
How can I register for a Prepaid Account? updated
How can I top up my Prepaid Account? updated
How many trademarks can I register at a time when paying by credit card? updated
How much do I need to pay to become a Trademark Agent? updated
How secure is my credit card payment? updated
I have multiple Prepaid Accounts. Can I cover all invoices for those accounts in one payment? updated
Is there an additional fee if I submit the Proof of Use documentation of a trademark at a later stage? updated
What are Status Points? updated
What happens if I run out of funds on my Prepaid Account? updated
What is the cost for additional domain name labels? updated
What should I do if I have received a paper invoice from the Trademark Clearinghouse. updated
Which credit cards are accepted by TMCH? updated
Which currencies are accepted by TMCH? updated
Who is CHIP S.A.? updated
Why am I not receiving any invoices? updated
Why can’t I see my trademark on the Mark overview after paying by credit card? updated
Why did I not receive any confirmation after paying? updated
Why is my credit card declined? updated
Will I be charged if my trademark record is deemed invalid by TMCH? updated

correction process

general

"What options will a trademark owner have to challenge a website registration if someone tries to register a website using their trademark? " updated
Are company names accepted in the Clearinghouse? updated
Are the Sunrise periods mandatory for every new gTLD? updated
Are trademarks containing numbers accepted in the Clearinghouse? updated
Are trademarks in IDN characters accepted? updated
Are trademarks in non-Latin script accepted? updated
Are trademarks registered at state level accepted in the Clearinghouse? updated
Are trademarks that are under application accepted in the Clearinghouse? updated
Are well known or famous non registered marks accepted in the Clearinghouse? updated
Can a Limited Registration Period overlap with the Claims Period? updated
Can I benefit from the priority registration during a sunrise period offered by a new gTLD for a trademark which is not registered within the Clearinghouse? updated
Can I submit information about trademarks with the same name, but registered in different countries, under the same trademark record? updated
Can I try the TMCH services before ordering? updated
Can trademarks subjected to cancellation or invalidation procedures be accepted in the Clearinghouse? updated
Can trademarks subjected to rectification proceedings be accepted in the Clearinghouse? updated
Does every Registry Operator have to use the Trademark Clearinghouse for its Sunrise Period? updated
Does the Clearinghouse accept trademarks registered according to an accelerated procedure? updated
Does the label rule only apply to typos, misspellings, or does it also apply to UDRP and courts cases where the trademark is simply included, ex. BrandSucks.com? updated
How does registering trademarks within the Clearinghouse protect companies' brands? updated
How many abused labels will I be able to add per trademark record? updated
How should I proceed if the court case or UDRP case does not contain all the requested information (for instance the registration number of the trademark)? updated
I am a Trademark Holder and would like to register more than 10 marks. Do I have to register those through a Trademark Agent? updated
In which chronological order do the Sunrise and Trademark Claims period take place? updated
Is it a prerequisite to be the owner of the trademark in order to register in the Clearinghouse? updated
Is the TMCH the only Clearinghouse or are there other providers providing these services? updated
Is the whole interaction process done online?
My brand is not yet registered as a trademark. Can I register it with the Clearinghouse? updated
My trademark has been marked as invalid as it contains a dot. Now that the dot rule has changed, what can I do? updated
Should the court that has rendered the decision have to be a national court? updated
Should the UDRP case be rendered by a specific provider in order to be accepted by the Clearinghouse? updated
What are "Mark Record status changes" e-mails?
What are the roles of Deloitte and IBM with regards to the Clearinghouse? updated
What else should I consider regarding this Trademark Clearinghouse Certificate Authority Renewal? updated
What is a Limited Registration Period? updated
What is the Claims Period? updated
What is the Clearinghouse User Interface? updated
What is the difference between a “domain name” and a “label”? updated
What is the impact of the renewal on the old certificate? updated
What is the Qualified Launch Program? updated
What is the Trademark Clearinghouse Certificate Authority? updated
Where can I find information on the fees related to Abused Domain Name Labels? updated
Which information do I have to provide with regards to the court case? updated
Which information regarding UDRP and court cases will be verified by the Clearinghouse? updated
Why is the Trademark Clearinghouse Certificate Authority being renewed? updated
Will all abused labels have to pertain to the same court decision or UDRP case? updated
Will SMD files be available during the renewal? updated
Will the abused labels be included in the SMD file for sunrise? updated
Will the new SMD files be available for download immediately after renewal? updated
Will the pricing be the same for both a UDRP case and a court case? updated
Will Trademark Agents, Trademark Holders and the public have the ability to search the TMCH database to see all trademark registrations that have been registered in the Clearinghouse? updated
Will trademarks that do not exclusively consist of letters, words, numerals, and special characters be accepted in the Clearinghouse? updated

mark record verification

Notifications

As a Trademark Agent, will I be the only one receiving notifications from the Clearinghouse? updated
Can a Trademark Agent provide the email address of the Trademark Holder, in order for the trademark holder to receive the Clearinghouse notifications?
Can a Trademark Agent use several email addresses in order to receive the notifications from the Clearinghouse? updated
How can I download my SMD file? updated
How can the holders I represent automatically receive notifications generated by the TMCH? updated
How can the registry verify if an SMD file is valid? updated
How does the Ongoing Notifications Service function? updated
I have received a trademark Claims notification. What should I do next? updated
I have received an e-mail notification from the Clearinghouse, what do I need to do? updated
If a parent company registers trademarks in TMCH under a subsidiary, will the parent company be authorized to use the SMD file to register domain names? Or does the submitting party (either the agent or subsidiary) have to register the domain names? updated
If different Trademark Holders or Trademark Agents have two identical trademarks registered in the Clearinghouse, when will they be informed? updated
If I decide to register my record for three (3) or five (5) years, will I receive notifications concerning the annual reverification of my trademark record? updated
My SMD file is not available for download even though my record status is VERIFIED and POU status VALID, what should I do? updated
Set up additional email notifications
To which email address are the notifications sent? updated
What does domain name activation mean? updated
What is an SMD file? updated
What is contained in the notifications sent out to holders represented by Trademark Agents during the sunrise, claims or ongoing notifications period
What is contained in the notifications sent out to Trademark Agents during the sunrise, claims or ongoing notifications period
What is the purpose of an SMD file? updated
What is the revocation of an SMD file? updated
When will the Ongoing Notifications Service be available?
Will I get notifications if my pre-paid amount has gone below a certain level?
Will potential domain name registrants receive a claims notice when attempting to register a domain name that matches the name of a trademark recorded in the Clearinghouse during the Ongoing Notifications period? updated

official agents

proof of use

Can a link to a website be submitted as sample of Proof of Use? updated
Can a photograph of goods be accepted as sample of Proof of Use? updated
Can a POU expire ? (5 year POU revalidation) updated
Can a screenshot of a website be submitted as sample of Proof of Use? updated
Concerning the Proof of Use for an international trademark, does a Proof of use in one country will be sufficient or will we have to send proof for all covered countries? updated
Do I need to submit Proof of Use documentation when submitting my trademark record? updated
How can I upload a Proof Of Use at a later stage? updated
How can I upload the Proof of Use documentation (signed declaration + sample)? updated
How do I get notified before the POU reaches the ‘EXPIRED’ status?
How do I renew the Proof of Use documentation? updated
How many samples of Proof of Use do I have to submit to be able to use Sunrise Service? updated
How much time do I have until the Proof of Use is expired? updated
If I submit multiple trademarks records for the same trademark, do I need to submit multiple Proof of Use documentation? updated
Is the POU ‘EXPIRED’ status a final status?
Is there additional Proof of Use documentation required when I want to renew my trademark record? updated
Is there an impact on the SMD file when I do not revalidate/invalidate the POU in time? updated
May I upload a proof of use at a later stage?
Should only one sample of Proof of Use be provided if there are multiple goods and services registered in my trademark? updated
The name of my trademark contains an accent. Does this accent need to be present in the name of the mark in the sample of proof of use?
To benefit from the Sunrise service, do I need to submit a sample of Proof of Use even if my trademark registration is based on proven usage? updated
What can I do in case I did not renew my POU on time? updated
What is a Proof of Use? updated
Where can I find the templates of signed declaration of Proof Of Use ? updated
Who is the 'Submitting party' in the signed declaration of Proof of Use? updated

Registrars

Registries

Can a Limited Registration Period overlap with the Claims Period? updated
Can a Registry Operator impose trademark related registration requirements during the Sunrise Period and curtail or eliminate these requirements in subsequent registration periods? updated
Can a Registry Operator offer a “landrush period” at the start of its General Availibility? updated
Can a Registry Operator register or allocate domain names to non-Sunrise Eligible Holders prior to completion of the Sunrise Period? updated
Can a Registry Operator release a domain name that it had reserved in accordance with the Registry Agreement for allocation or registration purposes at a later stage? updated
Can Registry Operators query the CNIS?
Do Registry Operators have to offer dispute resolution policies for registrations during their Sunrise Periods? updated
Does a Registry Operator have to apply to offer an Approved Launch Program?
Does every Registry Operator have to use the Trademark Clearinghouse for its Sunrise Period? updated
How can I, as a Registry Operator, connect to the TMDB? updated
How does a Registry Operator apply for an Approved Launch Program? updated
How does the 120 day no-activation period under the New gTLD Collision Occurrence Management Plan factor into the Sunrise Period? updated
How long must a Sunrise Period last? updated
How should I proceed if I am a Registry and would like to post information in relation to my Sunrise period on the Trademark Clearinghouse website or social media channels? updated
I am a Registry Operator who described a launch plan in my application for my TLD. How does that affect me if I apply for an Approved Launch Program? updated
I am a Registry Operator who indicated in my application that my TLD would be a geographic TLD. What are my options with respect to Approved Launch Programs?
If a Registry Operator plans to hold auctions at the end of its Sunrise Period, how does that comply with Section 3.2.4 of the TMCH Requirements? updated
If ICANN has already approved an Approved Launch Program similar to the registration program that a Registry Operator applies for, does that mean the application will automatically be approved?
Is there any way for a Registry Operator to allocate or register domain names prior to the Sunrise Period? updated
What can registrars query the CNIS for?
What is a Limited Registration Period? updated
What is the Claims Period? updated
What is the difference with respect to the allocation or registration of domain names between a Start-Date Sunrise and an End-Date Sunrise? updated
What is the status of the Qualified Launch Program described in Section 4.5.1?
What must a registrar do while processing Claims Registrations? updated
What restrictions can a Registry Operator impose during the Sunrise Period? updated

Signed Mark Data (SMD)

Strawman Model - Abused Labels

Sunrise Services

support

trademark claims services

Trademark Eligibility Requirements

trademark submission

As a trademark holder, how can I edit my contract information (e.g. company name or address)? updated
Can I receive a refund when I fail to correct my trademark record? updated
Can I still correct my trademark record after receiving the "invalid" status? updated
Can I submit a trademark composed of two different scripts? updated
Can I submit paper evidence? updated
For a multi-class registration, are we required to provide a detailed description for every class?
How are domain name labels matching the name of my trademark generated? updated
How can I correct my trademark record? updated
How can I see why my trademark record has been assigned the "incorrect" status? updated
How can I submit documentary evidence, which is not Proof of Use documentation? updated
How can I transfer a trademark record if I don't have an SMD file? updated
How can I transfer a trademark record if I have an SMD file? updated
How do I know that my trademark has actually been submitted to the Clearinghouse? updated
How do I manage the trademark renewal? updated
How many domain name labels can I link to my Trademark Record?
How many times can I correct my trademark record? updated
How much does it cost to transfer a trademark record? updated
How much time do I have to correct my trademark record if a correction is requested by TMCH? updated
How much time will the verification process take updated
How often will my trademark record by re-verified? updated
How will the verification process work? Will it involve a check against online databases or a more in-depth analysis? updated
I have received a message saying my trademark is incorrect. What should I do? updated
If I register as a Trademark Agent, can I register one account for different Trademark Holders?
If two trademarks holders own the same trademark, do they both need to submit it?
In what format do I have to enter dates into the Clearinghouse?
In which format should I enter dates into the Clearinghouse? updated
In which language should the detailed description of goods and services be provided? updated
Is it correct that an ownership change should not be deposited until after that change is reflected in the record of the relevant trademark office?
Is it possible to register a trademark if the trademark name only consists of two characters? updated
Is there a character limit for the detailed description of goods and services?
My trademark contains a character with an accent. When generating the labels, will this character be replaced with the corresponding character without an accent? updated
My trademark contains a hyphen (-). How will the domain name labels be generated? updated
My trademark contains a space. How will the domain name labels be generated? updated
My trademark has been set to "incorrect", what does this mean? updated
Some goods and services for which my trademark was registered have been cancelled. Should I indicate those in the field “DETAILED DESCRIPTION OF GOODS AND SERVICES”? updated
The address of the trademark holder available in the trademark certificate no longer corresponds to the current address of the trademark holder, how should I proceed?
The address of the trademark holder is incomplete on the trademark certificate, what should I enter in the address fields? updated
The jurisdiction in which my trademark is registered does not apply Nice classification, what should I do? updated
The jurisdiction in which my trademark is registered is not listed as a jurisdiction in which an online database for registered trademarks is available. Can I still submit my trademark? updated
The name of my company has changed but the trademark certificate has not yet been updated accordingly, what should I submit? updated
What are the requirements for starting a trademark record transfer? updated
What do I need to do before submitting a Trademark Record?
What happens if I do not renew before the mark expiration date? updated
What is required to renew my trademark record? updated
What is the deadline for submitting trademarks to the Clearinghouse? updated
What will be the starting point of the term of registration (e.g., 1 year)?
Which information will I need to submit with my trademark record?
Why are there no labels attached to my trademark? updated
Why should I submit my trademark record as early as possible?
Why should I submit my trademark record for 3 or 5 years?

TREx Service

A number of Top Level Domains are available for TREx protection. Can I select the TLDs for which I want TREx protection?
Do we need to submit the SMD-file upon activation?
How does the MPML relate to TREx?
How long does my TMCH trademark record need to be valid when activating the TREx subscription?
How much does the TREx subscription cost for a single year?
How much will the renewal of my TREx protection cost?
Is TREx available for a multiple year subscription?
Is TREx priced per trademark record or per label?
What are the differences between TREx & DPML?
What are the requirements to be eligible for the TREx service?
What does the status "Not protected" mean?
What is an override?
What is the cost of an override?
What is the difference between "eligible" and "not available"?
What is the renewal process for the TREx service?
What is the TREx service?
When opting into the TREx Services, can I activate the TREx service on variations related to my trademark?
Who can apply for an override?
Will I also be charged for TLDs in which my TREx protection is not available?
Will I be able to check the TREx coverage before activation?
Will I be charged on activation or completion?
Will the original applicant of the TREx be notified in case of an override?

user registration

Are there technical requirements to become a Trademark Agent?
As a Trademark Agent, do I need to obtain the written authorization of the Trademark Holder(s) on behalf of whom I am acting per Trademark Holder or per trademark submitted?
As a Trademark Agent, will I need to provide any evidence that I am representing a Trademark Holder?
Do I need to be an ICANN accredited registrar to register with the Clearinghouse?
How can a Trademark Agent change the contract data of their TMCH account? updated
How can I contact the Clearinghouse if I have issues when creating my account? updated
How can I register as a Trademark Agent? updated
If a company is registering as a Trademark Agent, then who should be the contracting party? Should it be the owner of the company or an employee involved in the recording of trademark in the Clearinghouse?
What if I do not agree to these Terms and Conditions? updated
When will I receive my username and password? updated