What Is a Combined Section 71 & 15 Declaration?

Quick Answer A Combined Section 71 & 15 Declaration allows an eligible Madrid Protocol trademark owner to satisfy the required five-year U.S. maintenance filing while also claiming incontestable rights after five consecutive years of qualifying use in U.S. commerce. Key Takeaways: ●     Section 71 is required to maintain a Madrid-based U.S. trademark registration. ●     Section 15 is optional and strengthens the legal presumptions attached to qualifying trademark rights. ●     The combined filing generally falls between the fifth and sixth anniversaries of the U.S. registration. ●     The owner must provide acceptable evidence showing current use in U.S. commerce for the relevant goods or services. ●     Goods or services no longer in use generally must be deleted unless qualifying excusable nonuse applies.

A Combined Section 71 & 15 Declaration is a USPTO filing available to qualifying owners whose U.S. trademark protection comes through the Madrid Protocol. Section 71 maintains the U.S. registration by confirming continued use, while Section 15 can strengthen eligible rights by claiming incontestable status.

The two sections serve different purposes, and only Section 71 is required to keep the U.S. extension of protection active. Understanding the filing window, use requirements, specimens, and goods or services covered is critical before submitting the combined declaration.

The combined form addresses two separate parts of post-registration trademark protection. Section 71 keeps a Madrid-based U.S. registration alive, while Section 15 can make certain aspects of an eligible registration harder to challenge.

What Does Section 71 Do?

Section 71 applies to a registered extension of protection to the United States obtained through the Madrid Protocol. The trademark owner must confirm that the mark remains in use in U.S. commerce for the goods or services being maintained or establish qualifying excusable nonuse.

This requirement is specific to Madrid-based U.S. registrations. Businesses unfamiliar with the international registration structure can review Drishti Law’s guide to the Madrid Protocol and international trademark registration for broader context on how international registrations extend protection into individual countries.

The first Section 71 filing is due before the end of the sixth year after the U.S. registration date. If the owner fails to file within the permitted period, including the grace period, the USPTO will cancel the U.S. registration and notify WIPO that the extension of protection to the United States has been invalidated.

What Does Section 15 Do?

Section 15 is an optional Declaration of Incontestability. An eligible owner may file it after the registered trademark has been continuously used in commerce for five consecutive years following registration and remains in use. There also must be no final adverse decision concerning the owner’s rights and no pending proceeding involving those rights.

Incontestability strengthens the evidentiary effect of the registration. Under federal trademark law, an incontestable registration can provide conclusive evidence of the registered mark’s validity, registration, ownership, and the registrant’s exclusive right to use it for the covered goods or services, subject to statutory defenses and exceptions.

For a deeper explanation of what this status does and does not protect, see Drishti Law’s guide to a Declaration of Incontestability under Section 15.

Does Incontestable Mean the Trademark Can Never Be Challenged?

No. “Incontestable” does not make a trademark immune from every legal challenge. Federal law preserves specified defenses and grounds that can still affect an incontestable registration.

For example, incontestable status does not eliminate every issue involving abandonment, fraud, genericness, certain prior rights, or limitations on enforcement. The practical advantage is narrower: it removes or restricts particular avenues for attacking qualifying rights and gives the registration stronger evidentiary status.

Quick Insight! Section 15 strengthens qualifying trademark rights, but it is not a substitute for continued trademark use, enforcement, monitoring, or future maintenance filings. Section 71 obligations continue even after incontestable status is claimed.

Why Are Sections 71 and 15 Filed Together?

The filing periods often align. A Madrid-based U.S. registration reaches its first mandatory Section 71 maintenance period between years five and six, which is also when a mark with five consecutive years of qualifying use may become eligible for Section 15 incontestability.

The combined USPTO form therefore allows an eligible owner to address both issues in one submission. Combining them simplifies administration, but the legal requirements for each section remain separate.

An owner who satisfies Section 71 but not Section 15 should not claim incontestability simply because the combined form exists.

Who Can File a Combined Section 71 & 15 Declaration?

Not every federal trademark registration uses Sections 71 and 15 together. Eligibility depends on how the U.S. registration was obtained and whether the mark meets the continuous-use requirements.

The Registration Must Be Madrid Protocol-Based

Section 71 applies when a trademark owner obtained an extension of protection to the United States through an international registration under the Madrid Protocol. The USPTO commonly identifies this application basis as Section 66(a).

Owners who obtained a conventional U.S. registration under another filing basis normally use Section 8 for their five-year declaration rather than Section 71. Drishti Law separately explains the Combined Section 8 & 15 Declaration for those registrations.

Checking the registration record in the USPTO’s TSDR system can help confirm the original filing basis before selecting a maintenance form.

The Mark Must Have Five Consecutive Years of Qualifying Use for Section 15

For the combined Section 15 claim, the registered mark must have been continuously used in commerce for five consecutive years following the U.S. registration date and remain in use. The Section 15 requirements also include the absence of a final adverse legal decision and a pending proceeding involving the relevant trademark rights.

Use exclusively outside the United States does not satisfy the Section 71 requirement. The USPTO specifically explains that use solely in another country is not the type of U.S. commerce required for the declaration.

What if the Trademark Has Not Been Used Continuously for Five Years?

The owner may still need to file the mandatory Section 71 Declaration even when Section 15 eligibility has not been established. The USPTO expressly instructs owners who have not completed five consecutive years of qualifying use to file Section 71 without the Section 15 incontestability claim.

Section 15 can potentially be filed separately later if the statutory conditions are eventually met.

This distinction matters because missing the optional Section 15 filing does not itself cancel the registration. Missing the required Section 71 filing can.

What if Some Goods or Services Are No Longer in Use?

Trademark owners should not automatically maintain every item appearing in the registration. The USPTO requires Section 71 filings to accurately identify the goods and services for which the mark remains in use in U.S. commerce. Goods or services no longer in use generally must be removed unless the owner can properly claim excusable nonuse.

A registration covering several products or service categories therefore needs to be audited before filing. The owner should compare current operations against the exact identification in the registration rather than assuming the original list can simply be carried forward.

When Is the Combined Section 71 & 15 Declaration Due?

Deadline calculation is one of the most important parts of post-registration maintenance because the filing window is tied to the U.S. registration date.

What Is the Normal Filing Window?

The USPTO permits a Combined Section 71 & 15 Declaration on or after the fifth anniversary and before the end of the sixth year following the U.S. registration date when the Section 15 requirements are satisfied.

For example, if the U.S. registration was issued on September 15, 2021, the ordinary combined filing period would run from September 15, 2026, through September 15, 2027.

The actual registration record should always be used to calculate the deadline.

Is There a Six-Month Grace Period?

Yes. A Section 71 filing may still be accepted during the six months following the ordinary sixth-year deadline when the required grace-period fee is paid.

Waiting for the grace period adds expense and reduces the time available to fix a specimen, ownership, or filing problem. Filing earlier in the regular window gives the owner more room to address issues if the USPTO identifies a deficiency.

How Much Does a Combined Section 71 & 15 Declaration Cost?

As of August 2026, the USPTO lists the government filing fee for a five-year declaration combined with a Section 15 Declaration of Incontestability at $575 per class. The five-year Section 71 declaration alone is listed at $325 per class, while a separate Section 15 declaration is $250 per class.

A Section 71 filing made during the grace period carries an additional $100 per class. USPTO fees can change, so the current fee schedule should be checked before submission.

Quick Insight! Combining Sections 71 and 15 primarily provides procedural convenience. The current combined government fee equals the listed Section 71 and Section 15 fees added together, so owners should not assume the combined form creates a government filing-fee discount.

Does the Combined Filing Renew the International Registration?

No. A Section 71 filing maintains the U.S. extension of protection, but the underlying international registration must also be renewed separately through the International Bureau of WIPO every 10 years.

This distinction is easy to miss. A Madrid Protocol owner may have obligations with both the USPTO and WIPO, and completing one does not automatically satisfy the other.

At the U.S. level, additional Section 71 declarations are generally due between the ninth and tenth anniversaries of the U.S. registration and during each successive ten-year period.

What Must Be Included in a Section 71 & 15 Filing?

A timely filing can still encounter problems if the declaration, specimen, ownership information, or listed goods and services do not accurately reflect current use.

Current Ownership Information

The filing must identify the current owner of the registered extension of protection. Ownership information deserves additional attention for Madrid registrations because changes affecting the international registration may first need to be recorded through WIPO before corresponding U.S. records can be updated.

Corporate reorganizations, mergers, assignments, name changes, and acquisitions should therefore be reviewed before submitting the maintenance declaration.

A Verified Statement of Continued Use

For Section 71, the owner must provide a verified statement that the trademark is in use in commerce for the goods or services being maintained, or properly identify qualifying excusable nonuse.

The declaration should match actual marketplace activity. A company should not maintain an entire identification merely because it intends to resume selling a discontinued product at some undefined point in the future.

An Acceptable Specimen of Use

The filing generally requires a specimen showing how the trademark is actually used in U.S. commerce. For goods, this might involve labels, packaging, tags, or qualifying displays associated with the goods. Service specimens may include qualifying webpages or advertising that directly associates the mark with the services. (USPTO)

Mockups, digitally created examples that do not reflect real commerce, or materials failing to connect the trademark with the listed goods or services can create problems.

Drishti Law’s guide to choosing the right trademark specimen provides additional context on what the USPTO expects from evidence of marketplace use.

Statements Required for Section 15 Incontestability

The Section 15 portion requires statements establishing continuous use for the required five-year period, the absence of a final decision adverse to the owner’s claimed rights, and the absence of a pending proceeding involving those rights.

The declaration is signed under verification requirements, so the filing should be based on confirmed facts rather than assumptions about the registration’s litigation history.

Accurate Goods and Services

The maintenance filing is an opportunity to reconcile the registration with the trademark owner’s actual business. The USPTO directs owners to delete goods or services for which the mark is no longer used unless qualifying excusable nonuse is properly claimed.

For a registration covering several International Classes, the review should be performed class by class and item by item.

The USPTO also operates a post-registration audit program, which can require selected registrants to provide additional proof of use for goods or services beyond the specimen initially submitted. Accurate maintenance filings reduce the risk of defending unsupported claims during an audit.

What Mistakes Can Put a Section 71 Filing at Risk?

Most avoidable problems come from treating trademark maintenance as an automatic renewal rather than a substantive declaration about current trademark use.

Using the Wrong Maintenance Form

A Section 71 filing is for a Madrid Protocol-based U.S. extension of protection. A conventional U.S. registration generally uses Section 8 instead.

Submitting the wrong form can create unnecessary complications close to a nonextendable maintenance deadline. Confirm the registration basis before beginning the filing.

Businesses managing several U.S. registrations may have a mix of Madrid-based and directly filed registrations, meaning different maintenance forms can apply within the same trademark portfolio.

Claiming Use for Products or Services That Were Discontinued

A registration should not continue listing goods or services simply because they were included years earlier. The Section 71 declaration must accurately reflect current qualifying use or a legally sufficient excusable-nonuse claim.

Before filing, review sales records, websites, packaging, invoices, service offerings, and other marketplace evidence to determine exactly what remains active.

Submitting a Weak or Incorrect Specimen

A specimen can trigger a post-registration refusal if it does not show the registered mark functioning as a trademark for the listed goods or services.

Common problems include screenshots without sufficient purchasing information for goods, advertising that does not clearly identify the services, altered images, outdated materials, or specimens showing a materially different mark.

If the USPTO rejects a maintenance submission, it may issue a post-registration Office Action explaining the deficiency and the response requirements.

Assuming Section 15 Is Mandatory

Section 71 is the required maintenance component. Section 15 is optional. A registrant that is not eligible for incontestability should still file the Section 71 Declaration within the applicable period.

Filing an inaccurate Section 15 declaration to obtain stronger status can create substantially more risk than simply waiting until the eligibility conditions are satisfied.

Missing the USPTO Deadline Because WIPO Was Renewed

Renewing the international registration with WIPO does not replace the separate Section 71 obligation before the USPTO. Likewise, completing the U.S. maintenance filing does not replace the WIPO renewal.

International trademark portfolios should therefore track U.S. maintenance dates and international registration renewal dates separately.

Failing to Plan for Future Maintenance

Acceptance of the first Section 71 filing does not end the maintenance cycle. Additional Section 71 filings generally arise between years nine and ten and every ten years thereafter for as long as U.S. protection is maintained.

Businesses that want assistance managing deadlines, specimens, declarations, and other USPTO requirements can review Drishti Law’s trademark prosecution and maintenance services.

A Combined Section 71 & 15 Declaration can be an important milestone for an international trademark owner with U.S. protection, but the filing should reflect the registration’s actual ownership, current goods and services, marketplace use, and incontestability eligibility.

Sahil Malhotra is an Intellectual Property Attorney and founder of Drishti Law, licensed in Illinois and Washington, D.C., and a member of INTA and IPLAC. To discuss your trademark maintenance requirements, explore Drishti Law’s USPTO trademark services or contact Drishti Law.

Frequently Asked Questions

Q1: Is a Combined Section 71 & 15 Declaration Mandatory?

Only the Section 71 portion is required to maintain a Madrid Protocol-based U.S. registration during the applicable maintenance period. Section 15 is optional. Owners who have not satisfied the continuous-use or other incontestability requirements should file the required Section 71 Declaration without making an unsupported Section 15 claim.

Q2: Can I File Section 15 Later if I Am Not Eligible During the Section 71 Window?

Yes. Missing the opportunity to combine the filings does not permanently prevent an eligible owner from seeking incontestability. Section 15 can be filed separately after the trademark satisfies the required continuous-use period and the other statutory conditions, including the absence of specified adverse decisions and pending proceedings.

Q3: What Happens if I Miss the Section 71 Grace Period?

If the required Section 71 Declaration is not filed before the grace period expires, the USPTO will cancel the U.S. registration and invalidate the extension of protection. The USPTO states that the owner would then generally need a new U.S. application or a subsequent Madrid designation covering the United States.

Q4: Can I Keep a Product in the Registration if I Am Temporarily Not Selling It?

Possibly, but ordinary nonuse is not enough. Section 71 permits excusable nonuse only when the legal requirements are satisfied, and the filing must provide information about the reason for nonuse, last use, expected resumption, and steps being taken to resume use. Otherwise, unused goods or services should generally be deleted.

Q5: Does Section 15 Make It Easier to Enforce a Trademark?

Incontestable status can strengthen enforcement by giving qualifying registration rights enhanced evidentiary effect and limiting certain challenges to validity. It does not guarantee victory in an infringement dispute or eliminate statutory defenses. Continued use, the similarity between the marks, related goods or services, and other infringement factors can still matter.