When the term “proof of use,” is used, it means the evidence that shows how you are using your trademark in commerce for your goods and services in the market. Proof of use is basically used during the filing of your process of trademark registration.
Where is proof of use required?
There are different stages where proof of use is required during the procedure of trademark registration.
1. Submitting a Use-Based Application – This application is intended for applicants who are already using the mark in commerce. Applicants can provide invoices, screenshots, tax records, brochures, etc. as proof of use.
2. Filing an Amendment to an Alleged Use Application – An amendment to an alleged use application is a document that proves your use of a trademark in commerce. The alleged use was filed after the intent to use the application. The requirement of this application is that it can only be filed before the completion of the review of the application by the registrar.
3. Submitting a Statement of Use: A statement of use essentially proves your intent to use the mark. You will be required to submit your proof of use within six months after getting notice of allowance.
4. Renewal of Registrations – Most trademarks have a 10-year lifespan. They are required to be renewed through this application. The proof of use is to be the continued usage of the trademark for their goods and services.
Proof of use in the United Kingdom
According to UK law, the trademark offices or the courts won’t initiate an enquiry into whether the trademark has been used. Instead of this, the applicant for the trademark is to send in the application for the further legal process. The proof of use or evidence should be relevant to the territory of the UK. Simply put, the evidence should be significant.
In conclusion, proof of use is taken up as evidence to prove the intent of the use or usage of that mark in commerce. This is quite a necessary part of the application while registering a trademark or renewing it.
