Frequently Asked Questions - proof of use

When the POU expiry date is reached, the SMD file can no longer be used for the Sunrise service. Furthermore, if no action is taken 60 days after the POU expiry date, the POU status will automatically change to "expired" and the associated SMD file will be revoked.

Therefore, if you did not renew the POU documentation in time, revalidation of the POU documents is necessary to be eligible for the Sunrise Service.

To do so, a bulk POU revalidation page has been launched on our TMCH web interface. You can access this page by navigating to your TMCH account and clicking on the button "bulk validate POU" at the bottom right of the "Mark overview" page. The possibility to revalidate your POU will only be available in case you have POU documents that are almost 5 years or older.

For further details on the different steps to revalidate your POU documents, please refer to our manual.

As per the ICANN requirements, an update on the Proof Of Use documentation is required once every five years. After 5 years, when the Proof Of Use expiry date is reached, the SMD file can no longer be used for the Sunrise service.

If no action is taken 60 days after the Proof Of Use expiry date, the POU status will automatically change to "expired" and the associated SMD file will be revoked.

In case you, as a Trademark Agent or Holder, has trademark records for which the POU will expire within 120 days, a bulk POU revalidation page will become available. You can access this page by navigating to your TMCH account and clicking on the button "bulk validate POU" at the bottom right of the "Mark overview" page. Here, you will be able to select the trademark records for which the POU documents are:

  • Valid and can be “revalidated”.
  • No longer valid and need to be “invalidated”, after which new POU documentation needs to be uploaded via the standard procedure (How to submit and change a POU).
  • For further details on the different steps to revalidate your POU documents, please refer to our manual.

    We kindly refer to the following links to download the required templates of the signed declaration of POU:

    Trademark Agent

    Trademark Holder

    As per the ICANN requirements, an update on the POU documentation is required once every five years. As of the POU expiry date, the SMD file can no longer be used for our Sunrise service. Therefore, 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 bulk POU revalidation page has been launched on our TMCH web interface. You can access this page by navigating to your TMCH account and clicking on the button "bulk validate POU" at the bottom right of the "Mark overview" page. The possibility to revalidate your POU will only be available in case you have POU documents that are almost 5 years or older. Please note that if no action is taken 60 days after the POU expiry date, the POU status will automatically change to ‘EXPIRED’, the pop-up message will be removed and the associated SMD file will be revoked.

    For further details on the different steps to revalidate your POU documents, please refer to our manual.

    In case you have any further questions related to the revalidation of the POU, feel free to contact us directly by raising a ticket to our dedicated Customer Support system by clicking on "GET SUPPORT" on the TMCH interface or by sending an email to support[at]trademark-clearinghouse[dot]com.

    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.

    If you have chosen not to upload Proof of Use when the trademark record was submitted you can add it later on by clicking on the trademark record in the "Mark overview", 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 assigned the "verified" status.

    Yes, as stated in the Trademark Clearinghouse Guidelines, labels and tags from a product with the name of the trademark can be accepted as Proof of Use.

    Yes, a screenshot of a website containing the name of the trademark can be accepted as sample of Proof of Use.

    Yes, if you submit a registered trademark in the Clearinghouse and wish to benefit from the Sunrise service, 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 Trademark Clearinghouse Guidelines available on this website.

    As stated in the Trademark Clearinghouse Guidelines, one sample of Proof of Use is sufficient per trademark record.

    If you wish to opt-in for the Sunrise Service a Proof of Use for 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.

    The option of opting in for the related services can be selected at a later stage.