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What is a 'proof of use'?

Apart from the existence of a trademark, the trademark owner has to proof that he actively uses the trademark in the class(es) it is registered. This prevents domain brokers from harvesting large numbers of domains.

The proof of use consists of a signed declaration and a sample of proof of use. This sample is defined as "an item that evidences an effort on behalf of the Trademark Holder to communicate to a consumer so that the consumer can distinguish the products or services of one from those of another."

Accepted samples of use include labels, tags, or containers from a product; or advertising and marketing materials (including brochures, pamphlets, catalogues, product manuals, displays or signage, press releases, screen shots, or social media marketing materials).

Not accepted samples of use include inclusion of a trademark in a domain name; e-mail messages; licenses to use a trademark or applications for business licenses that include the trademark as part of the business name; or business cards.

Please refer to the TMCH Guidelines section 2.2.3 for detailed descriptions of these data elements.

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