You have two separate maintenance tracks. Renew the international registration with WIPO every 10 years to keep the protection it has been granted, in the European Union for example. File Section 71 with the USPTO on the United States registration's schedule with proof of use or excusable nonuse. A six-month grace period applies on the United States side, with a surcharge. Do not tie United States deadlines to the WIPO renewal date.
As counsel managing portfolios under WIPO's Madrid System (the Madrid Protocol), we see most dockets slip at this split. In 2026, plan the WIPO renewal and the United States Section 71 on different calendars, then make sure the goods and services match what you sell. If you want us to run both, our Section 71 declaration service covers the United States filing and our Trademark Renewal service covers WIPO.
What does WIPO renewal cover for protection in the European Union?
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 the countries and regions that have granted it, including the European Union. 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 country or region you keep (the European Union charges an individual fee). We do not print the figures here because they change; the Total is on our trademark renewal page.
- What you file: a renewal request for the international registration number, covering the classes and the countries and regions you keep active. You can drop countries, regions, 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 United States post-registration use requirements.
How is protection in the European Union maintained, and what else should owners watch there?
There is no separate EUIPO renewal filing for European Union protection that came through WIPO. Renewing the international registration with WIPO renews the European Union protection with it, and EUIPO records the renewal. Two things still need attention on the European Union side:
- Genuine use. The European Union part of an international registration 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 sell in the European Union 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 trademark (not one that came through WIPO), renewal is a separate EUIPO filing on the EU trademark's own 10-year anniversary; see our trademark renewal service.
What does the USPTO require under Section 71, and when?
A Section 71 Declaration of Use or Excusable Nonuse is required to maintain the United States extension of protection that stems from an international registration. This is separate from WIPO renewal and is filed only with the USPTO.
- Due windows, tied to the United States registration date for the extension of protection:
- Between the 5th and 6th years after the United States 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 trademark is in use in United States 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 trademark?
Track two different anchors. WIPO renewal follows the international registration anniversary. Section 71 follows the United States registration date for the extension of protection.
A simple 2026 example, to show the math:
- If the United States 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 international registration issued on 30 June 2016, its ten-year WIPO renewal is due in 2026, which preserves the European Union protection that has been granted. Pay the WIPO renewal fees for the classes and the countries and regions you keep.
These dates never move in lockstep. We routinely see teams key everything off the international registration anniversary and miss the United States 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 trademark with a way to order can work. For services, a webpage or brochure that shows the trademark 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 United States 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 Portfolios Under WIPO's Madrid System
Here are the failure modes we see most in 2026 planning:
- Tracking the international registration anniversary and assuming the United States is covered. It is not. Section 71 lives on the United States 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 United States was fine, and noticed in August that the United States Section 71 window closed in July. We rebuilt the goods list, pulled fresh specimens per class, and filed within the six-month grace window. The registration stayed alive, but the surcharge and scramble were avoidable.
What should my 2026 action plan look like?
- Map anchors. List the international registration number and anniversary, and the United States 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 United States 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 international registration on time. Pay the WIPO renewal in 2026 if due. That preserves the European Union coverage that has been granted through WIPO.
- 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 trademark and give you one calendar and one point of contact. The current prices for a Section 71 filing and a WIPO renewal are on our pricing page.
Work With Counsel That Lives This Split
We are an attorney-led firm. For portfolios under WIPO's Madrid System that include the United States and the European Union, we align WIPO renewals with Section 71 windows, prepare per-class specimens, and clean identifications before the USPTO sees them. A GTC attorney licensed in the United States 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
- Trademark Renewal: Deadlines, Costs, and How to Keep Your Registration Active
- EU Trademark Renewal: EUIPO Deadlines, Grace Periods, and Costs
- US vs EU Trademark: Which Should Your Business File First?
Frequently Asked Questions
What is the difference between renewing the international registration with WIPO and filing Section 71 with the USPTO?
Renewing the WIPO international registration every 10 years preserves protection in every country and region that has granted it, including the European Union, under the Common Regulations. Section 71 is a separate USPTO filing that maintains the United States 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 United States 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 trademark is in use in United States 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 international registration with WIPO automatically keep my United States protection alive?
No. WIPO renewal keeps the international registration and the protection it has been granted alive, but the United States extension of protection also requires timely Section 71 maintenance with the USPTO.
How is European Union protection maintained under an international registration?
If the international registration covers the European Union 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 European Union protection 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.
