Madrid Protocol Section 71 Renewals: US‑EU Compliance 2026

Madrid Protocol Section 71 Renewals: US‑EU Compliance 2026

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 U.S. registration’s schedule with proof of use or excusable nonuse. A six month grace period applies on the U.S. side, with a surcharge. Do not tie U.S. 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 U.S. Section 71 on different calendars, then make sure the goods and services match what you truly sell.

{{IMAGE: Two‑track maintenance map showing WIPO IR renewal versus USPTO Section 71 paths | Madrid portfolios need both tracks to stay alive in the U.S. and EU }}

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.

• Authority: WIPO Madrid Guide on duration and renewal, and the Common Regulations.
• Who you pay: WIPO.
• What you file: a renewal request for the international registration number, covering the classes you keep active.
• What it does not do: it does not satisfy U.S. post registration use requirements.

See WIPO’s Madrid overview and Guide for the renewal framework.

What does the USPTO require under Section 71, and when?

A U.S. Section 71 Declaration of Use or Excusable Nonuse is required to maintain the U.S. extension of protection that stems from a Madrid international registration. This is separate from WIPO renewal and is filed only with the USPTO.

• Authority: USPTO, Inbound Madrid Protocol post registration page.
• Due windows, tied to the U.S. registration date for the extension of protection:

- Between the 5th and 6th years after the U.S. 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 U.S. commerce, or a statement of excusable nonuse, plus at least one current specimen per class. Delete goods or services not in use.

These timing rules and content requirements are set out by the USPTO. Always confirm current form instructions on uspto.gov before filing.

{{IMAGE: Side‑by‑side checklist comparing WIPO IR renewal vs USPTO Section 71 filing (who to pay, evidence needed, timing anchor) | Do not conflate the two filings }}

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 U.S. registration date for the extension of protection.

A simple 2026 example, to show the math:

• If the U.S. 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 WIPO renewal fees for the classes you keep.

These dates never move in lockstep. We routinely see teams key everything off the IR anniversary and miss the U.S. 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 U.S. commerce when you file. If a listed item is not in use, delete it before submission.

For deeper guidance on specimens, see our plain English explainer, Trademark Specimens: What the USPTO Accepts and Rejects.

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 U.S. is covered. It is not. Section 71 lives on the U.S. 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 risk. Use it only when you must.

A typical save we handle looks like this. The team timed a WIPO renewal for June, assumed the U.S. was fine, and noticed in August that the U.S. 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.

{{IMAGE: Timeline overlay showing different anchors: IR anniversary vs U.S. registration date, with grace period band on the U.S. track | Two anchors, two timelines }}

What should my 2026 action plan look like?

• Map anchors. List the IR number and anniversary, and the U.S. 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 U.S. 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 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.

Where to read the rules

• WIPO Madrid System overview and Guide on international registration duration and renewal.
• Common Regulations under the Madrid Agreement and Protocol.
• USPTO page on inbound Madrid post registration maintenance for Section 71.

We cite and follow these primary sources for every filing.

{{IMAGE: Compliance checklist for a Madrid portfolio that designates the EU and U.S., ordered by quarter | One checklist, two agencies }}

Work with counsel that lives this split

We are an attorney led firm founded in 2016 with 11 in house lawyers. Our trademark team manages filings and renewals across 107 jurisdictions. For Madrid portfolios that include the U.S. and EU, we align WIPO renewals with U.S. Section 71 windows, prepare per class specimens, and clean identifications before the USPTO sees them.

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?