The 12-Month Rule: Proving Logo Use for a Common Mark Certificate

A Common Mark Certificate (CMC) is a BIMI-compatible certificate authority credential that allows organisations to display their logo in supported email clients without holding a registered trademark. The core eligibility requirement is demonstrating 12 months of continuous, public logo use.

This article explains what that requirement means, how to gather acceptable evidence, and how the CMC compares to the Verified Mark Certificate (VMC) as a path to BIMI adoption.

What Is a Common Mark Certificate?

A CMC is a type of Mark Verifying Authority (MVA) certificate issued to organisations that cannot — or choose not to — obtain a registered trademark. It was introduced to lower the barrier to BIMI adoption for:

• Startups and early-stage companies
• Non-profit organisations
• Businesses operating in jurisdictions with slow or complex trademark registration processes
• Brands that have an established visual identity but have not yet formalised trademark protection

Like a VMC, a CMC binds a verified SVG logo to a domain and enables BIMI-compliant email clients (including Gmail and Apple Mail) to display that logo in the inbox.

CMC vs. VMC: Understanding the Key Difference

| Requirement | VMC | CMC | |---|---|---| | Registered trademark | Required | Not required | | Proof of logo use | Not applicable | 12 months minimum | | Logo format | SVG Tiny P/S | SVG Tiny P/S | | BIMI compatibility | Full | Full | | Renewal | Annual | Annual |

The VMC requires a live, registered trademark in the jurisdiction where the certificate is issued. The trademark must cover the exact logo submitted. This process can take 12–18 months or longer in many countries, making it inaccessible for newer brands.

The CMC replaces the trademark requirement with a documented history of public logo use. If your logo has been consistently visible on your public-facing web presence for at least 12 months, you may qualify.

The Proof-of-Use Requirement: What You Must Demonstrate

Certificate Authorities issuing CMCs require applicants to provide evidence that:

1. The logo has been publicly displayed on a domain you control.
2. Use has been continuous — not a one-time appearance or a recent upload.
3. The 12-month period ends no earlier than the application date — the logo must still be in active use.
4. The logo submitted for the certificate matches the logo in use — material changes to the logo reset the clock.

"Public use" typically means the logo appears on your website, in email headers, or in other externally accessible digital contexts associated with your domain.

How to Use the Wayback Machine to Prove 12 Months of Logo Use

The Internet Archive Wayback Machine (archive.org) is the most widely accepted free tool for generating timestamped evidence of historical web content. It crawls and snapshots public websites automatically, creating an independent, third-party record of what appeared on a URL at a specific date.

Step 1: Establish Your Baseline Date

Determine the earliest date you need to prove. Count back at least 12 months from your intended application date. For example, if you plan to apply in August 2025, you need evidence of logo use no later than August 2024.

Step 2: Search the Wayback Machine for Your Domain

1. Navigate to https://web.archive.org.
2. Enter your domain (e.g., https://www.yourdomain.com) in the search bar.
3. Select the calendar view to see which dates have archived snapshots.
4. Identify the earliest available snapshot that falls within or before your 12-month window.

Step 3: Verify the Logo Appears in the Snapshot

1. Click a snapshot from the target date range.
2. Confirm the logo is visually present on the archived page — typically in the site header, footer, or navigation.
3. Note the exact archive URL for that snapshot. It will follow the format:

   https://web.archive.org/web/YYYYMMDDHHMMSS/https://www.yourdomain.com
   

1. Take a full-page screenshot of the archived snapshot showing both the logo and the archive timestamp in the browser address bar.

Step 4: Collect Multiple Snapshots Across the 12-Month Period

A single snapshot is rarely sufficient. Collect three to five snapshots spread across the 12-month window to demonstrate continuity. Aim for:

• One snapshot at or before the 12-month mark
• One or two snapshots in the middle of the period
• One recent snapshot confirming current use

Step 5: Document the Logo File Itself

In addition to Wayback Machine screenshots, gather:

• The original SVG or image file of the logo with file metadata intact where possible.
• Any design briefs, brand guidelines, or version history that establish when the logo was created.
• Email headers or newsletter archives showing the logo in use, with dates.
• Social media posts featuring the logo with visible timestamps.

Step 6: Compile Your Evidence Package

Organise your evidence into a single submission package. Most Certificate Authorities will request:

1. Timestamped Wayback Machine screenshots (minimum three, covering the full 12-month span)
2. Direct archive URLs for each snapshot
3. A brief written statement confirming the domain is under your control and the logo has been in continuous use
4. Supporting materials (brand guidelines, email archives, social posts) as supplementary evidence

Important Limitations of the Wayback Machine

Be aware of the following constraints before relying solely on archive.org:

• Not all pages are crawled. If your site blocked crawlers via robots.txt at any point, snapshots may be absent or incomplete.
• Crawl frequency varies. High-traffic domains are archived more frequently than low-traffic ones. Gaps in the archive do not necessarily indicate gaps in logo use, but you will need alternative evidence to fill them.
• Dynamic content may not render correctly. Logos loaded via JavaScript or served from a CDN may not appear in archived snapshots even if they were visible to real users.
• The archive is not infallible. Certificate Authorities treat it as supporting evidence, not a sole authoritative source. Corroborating documentation strengthens your application.

If your site has limited Wayback Machine coverage, supplement with:

• Dated email campaign archives (e.g., exported HTML from your email service provider)
• Press coverage or third-party mentions featuring your logo with publication dates
• Signed declarations from your design agency confirming logo creation and deployment dates

What Counts as the "Same Logo"

The logo submitted for your CMC must be substantially the same as the logo evidenced in your proof-of-use documentation. Minor refinements — such as colour adjustments or slight proportion changes — are generally acceptable. However:

• A complete redesign resets the 12-month clock.
• Adding or removing a wordmark from a logomark may be treated as a new logo.
• Changing the primary shape or symbol of the logo will typically require a fresh 12-month period.

If your logo has evolved, document the version history clearly and submit evidence for the current version of the logo. If the current version is less than 12 months old, you may need to either wait or pursue a VMC via trademark registration instead.

Preparing Your SVG for CMC Submission

Regardless of whether you apply for a CMC or VMC, the logo file must conform to the SVG Tiny P/S profile as specified in the BIMI standard. Key requirements include:

• No raster images embedded in the SVG
• No external references or scripts
• A square aspect ratio with a defined viewBox
• Compliance with SVG Tiny 1.2 specifications

A non-compliant SVG will cause certificate issuance to fail regardless of