# What is a 'proof of use'?

## Question

What is a "proof of use" (PoU)?

## Answer

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

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). Also a screenshot of a website that clearly shows the trademark is accepted.  
  
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](http://www.trademark-clearinghouse.com/sites/default/files/files/downloads/TMCH%20guidelines%20v1.2_0.pdf) section 2.2.3 for detailed descriptions of these data elements.

During the process of a Trademark Clearinghouse order we will provide you with more information about those documents.