You have two separate maintenance tracks. Renew the international registration with WIPO every 10 years to keep granted designations like the EU. File Section 71 with the USPTO on the US registration's schedule with proof of use or excusable nonuse. A six-month grace period applies on the US side, with a surcharge. Do not tie US deadlines to the WIPO renewal date.
As counsel managing Madrid portfolios, this split is where most dockets slip. In 2026, plan the WIPO renewal and the US Section 71 on different calendars, then make sure the goods and services match what you truly sell. If you want us to run both, our Section 71 declaration service covers the US filing and our Madrid renewals service covers WIPO.
What does WIPO renewal cover for EU protection?
WIPO administers the Madrid System. An international registration is valid for 10 years and may be renewed for additional 10-year terms. Renewal preserves protection in designated Contracting Parties that have granted protection, including an EU designation. Procedures are governed by the Common Regulations.
- Who you pay: WIPO, in Swiss francs. The renewal fee is a basic fee plus a fee for each designated Contracting Party you keep (the EU charges an individual fee). We do not print the figures here because they change; the all-in cost is on our Madrid renewals page.
- What you file: a renewal request for the international registration number, covering the classes and designations you keep active. You can drop designations or classes you no longer need at renewal.
- Grace period: WIPO allows a six-month grace period after the expiry date, with a surcharge.
- What it does not do: it does not satisfy US post-registration use requirements.
How is the EU designation maintained, and what else should EU owners watch?
There is no separate EUIPO renewal filing for a Madrid designation. Renewing the international registration with WIPO renews the EU designation with it, and EUIPO records the renewal. Two things still need attention on the EU side:
- Genuine use. An EU designation becomes vulnerable to revocation for non-use five years after protection was granted, on a class-by-class basis. Renewal does not cure non-use, so audit which goods and services you actually sell in the EU before you pay to keep them.
- Owner and representative details. Keep the WIPO record and the EUIPO record aligned. Non-EEA owners need an EEA representative for most proceedings before EUIPO, so make sure one is on file before an opposition or cancellation lands.
For a directly filed EU trade mark (not a Madrid designation), renewal is a separate EUIPO filing on the EUTM's own 10-year anniversary; see our trademark renewal service.
What does the USPTO require under Section 71, and when?
A US Section 71 Declaration of Use or Excusable Nonuse is required to maintain the US extension of protection that stems from a Madrid international registration. This is separate from WIPO renewal and is filed only with the USPTO.
- Due windows, tied to the US registration date for the extension of protection:
- Between the 5th and 6th years after the US registration date.
- Between the 9th and 10th years.
- Every 10 years after that.
- A six-month grace period follows each deadline, with a surcharge.
- Evidence: a verified statement that the mark is in use in US commerce, or a statement of excusable nonuse, plus at least one current specimen per class. Delete goods or services not in use.
- Fee: the USPTO charges the same per-class fee for a Section 71 declaration as for a Section 8 declaration, $325 per class, plus a per-class surcharge if you file in the grace period. Adding a Section 15 claim raises the per-class total.
These timing rules and content requirements are set out by the USPTO. Always confirm the current form instructions on uspto.gov before filing.
How should I align 2026 calendars for the same mark?
Track two different anchors. WIPO renewal follows the international registration anniversary. Section 71 follows the US registration date for the extension of protection.
A simple 2026 example, to show the math:
- If the US registration date is 12 January 2021, the first Section 71 window opens 12 January 2026 and closes 12 January 2027, with a grace period through 12 July 2027. File with specimens current at the time of filing.
- If the IR issued on 30 June 2016, your ten-year WIPO renewal is due in 2026 for the IR, which preserves the EU designation that has been granted. Pay the WIPO renewal fees for the classes and designations you keep.
These dates never move in lockstep. We routinely see teams key everything off the IR anniversary and miss the US window by months. Do not do that.
What makes a good Section 71 specimen in 2026?
Think point of sale, not a mockup. For goods, a product label, packaging, or an online retail listing that shows the mark with a way to order can work. For services, a webpage or brochure that shows the mark and describes the services with a way to reach you can work. Provide at least one specimen per class and make sure it reflects current use in US commerce when you file. If a listed item is not in use, delete it before submission.
Our Specimen Guide shows accepted and rejected examples for goods and services.
Can I combine Section 71 with Section 15 incontestability?
Often, yes, if the statutory conditions for incontestability are met after five years of continuous use following registration. The USPTO permits a combined filing option for a Section 71 declaration and a Section 15 claim. Check the current USPTO form instructions to confirm eligibility and document needs before filing both together.
Common pitfalls we fix for Madrid portfolios
Here are the failure modes we see most in 2026 planning:
- Tracking the IR anniversary and assuming the US is covered. It is not. Section 71 lives on the US registration date.
- No per-class evidence. The USPTO expects at least one specimen per class. One image for four classes will not do.
- Keeping dead wood. Leaving unused goods or services invites audit issues. Delete what you do not use.
- Stale screenshots. Use specimens that match the filing date. Update product pages and service pages before you submit.
- Waiting for the grace period. It exists, but pushing filings into grace increases cost and exposure. Use it only when you must.
A typical save we handle looks like this. The team timed a WIPO renewal for June, assumed the US was fine, and noticed in August that the US Section 71 window closed in July. We rebuilt the goods list, pulled fresh specimens per class, and filed within the six-month grace window. It stayed alive, but the surcharge and scramble were avoidable.
What should my 2026 action plan look like?
- Map anchors. List the IR number and anniversary, and the US registration date for the extension of protection.
- Calendar windows. Block the 5th to 6th year, the 9th to 10th year, and every 10 years after that for Section 71. Add the six-month grace band as a last resort.
- Prep evidence early. Pull per-class specimens and make sure they reflect current US use. Refresh your website or packaging if needed.
- Clean the identifications. Delete items not in use before you file with the USPTO and align the WIPO list with what you keep active.
- Renew the IR on time. Pay the WIPO renewal for the IR in 2026 if due. That preserves EU coverage that has been granted via Madrid.
- Document nonuse if needed. If you have a temporary, legally excusable reason for nonuse, prepare the statement and supporting facts for Section 71.
If you want us to shoulder this work, we can run both tracks for the same mark and give you one calendar and one point of contact. The current prices for a Section 71 filing and a Madrid renewal are on our pricing page.
Work with counsel that lives this split
We are an attorney-led firm. For Madrid portfolios that include the US and EU, we align WIPO renewals with US Section 71 windows, prepare per-class specimens, and clean identifications before the USPTO sees them. A GTC US-licensed attorney acts as counsel of record for the USPTO filing.
If you would like help, we can take the 2026 renewals off your list.
- Start with a short intake, then we map your anchors and deadlines.
- We prepare and file the WIPO renewal and the USPTO Section 71, and, if eligible, a Section 15 claim.
- You get one status report and a complete file copy when both are done.
Related reading
- How Long Does a Trademark Last? Durations, Renewals, and Deadlines
- EU Trademark Renewal: EUIPO Deadlines, Grace Periods, and Costs
- US vs EU Trademark: Which Should Your Business File First?
Sources
- USPTO: Madrid Protocol, maintaining a US extension of protection
- USPTO trademark fee schedule
- WIPO Madrid System: renewal
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Frequently Asked Questions
What is the difference between renewing the IR with WIPO and filing a US Section 71?
Renewing the WIPO international registration every 10 years preserves protection in all granted designations, including an EU designation, under the Common Regulations. A US Section 71 is a separate USPTO filing that maintains the US extension of protection and is not satisfied by WIPO renewal.
When are Section 71 declarations due?
They are due between the 5th and 6th years after the US registration date of the extension of protection, again between the 9th and 10th years, and every 10 years after that. A six-month grace period follows each deadline with a surcharge.
What must be submitted with a Section 71 filing?
A verified statement that the mark is in use in US commerce for the listed goods or services, or a statement of excusable nonuse, at least one current specimen per class, payment of USPTO fees ($325 per class, plus a surcharge in the grace period), and deletion of goods or services not in use. Check the USPTO form instructions before filing.
Does renewing the IR with WIPO automatically keep my US protection alive?
No. WIPO renewal keeps the international registration and its granted designations alive, but the US extension of protection also requires timely Section 71 maintenance with the USPTO.
How is EU protection maintained in a Madrid-based portfolio?
If the EU is designated and protection has been granted, it is maintained through timely renewal of the international registration with WIPO under the Common Regulations. No separate EUIPO renewal is needed, but the designation can still be revoked for non-use five years after grant.
Can I combine a Section 71 with a Section 15 incontestability claim?
Yes, when the incontestability conditions are met after five years of continuous use following registration, practitioners often file both together. The USPTO provides a combined option. Confirm current eligibility and form instructions on uspto.gov before you submit.
