Can Trademark Agents Use the DAFT Visa? Yes — Here's How
Yes, trademark agents can use DAFT. The Dutch-American Friendship Treaty (DAFT) lets US citizens start a business in the Netherlands, and trademark consulting is a viable freelance business. You can advise clients on trademark strategy, registration, and portfolio management from the Netherlands.
The Netherlands is home to the Benelux Office for Intellectual Property (BOIP) and sits at the heart of European IP activity. For trademark professionals, it's a strategic location with easy access to EU-wide trademark systems.
DAFT Eligibility for Trademark Agents
Status: DAFT Eligible
Trademark consulting works under DAFT because you're providing advisory and administrative services. You help clients protect their brands through trademark strategy and registration management.
Key points:
- Remote-friendly — most trademark work involves research, filing, and client communication
- Important distinction: consulting vs. legal representation (see challenges below)
- Dutch market demand: Moderate — growing with EU trademark activity
- Typical income range: €50,000-€100,000/year
Business Structure Options
Recommended: Eenmanszaak (Sole Proprietorship)
Simplest structure. You are personally liable. Most DAFT applicants start here.
For trademark agents, an eenmanszaak works well for consulting and advisory services. Your operating costs are minimal — mainly research tools and filing fees.
Other Options
BV (Private Limited Company) Limited liability but requires €0.01 capital and notary. More complex setup. May be worth considering given the advisory nature of IP work and potential liability.
Registration process:
- Apply for DAFT residence permit
- Register with KVK (Chamber of Commerce)
- Receive your KVK number and start operating
Setting Up Your Trademark Business
Step 1: Define Your Services Clearly define what services you'll offer. For trademark agents, this typically includes:
- Trademark search and clearance consulting
- Trademark portfolio management and strategy
- Filing coordination with local attorneys in various jurisdictions
- Brand protection monitoring and enforcement consulting
Step 2: KVK Registration Register your business with the Dutch Chamber of Commerce. You'll need:
- Valid residence permit (or proof of DAFT application)
- Proof of address in the Netherlands
- Description of your business activities
- €75 registration fee
Step 3: Tax Registration After KVK registration, you'll automatically be registered with the Belastingdienst (Dutch tax authority) for:
- Income tax
- VAT (BTW) — you may be exempt if under €20,000/year
Common Challenges & Solutions
Challenge: Legal representation requirements Solution: Be clear about the boundary between consulting and legal representation. In the EU, representing clients before the EUIPO (European Union Intellectual Property Office) requires being a registered EU trademark attorney. You can provide consulting, strategy, and coordination services, then partner with registered agents for formal filings. Many US lawyers on DAFT take a similar approach.
Challenge: Building credibility in the European IP market Solution: Your knowledge of the US trademark system (USPTO) is valuable. Companies expanding between the US and Europe need someone who understands both systems. Position yourself as a cross-border trademark advisor.
Challenge: Keeping up with multiple trademark jurisdictions Solution: Focus on US and EU trademarks initially. The EUIPO system covers all 27 EU member states with a single registration, which simplifies things considerably.
Income & Tax Considerations
Expected income: €50,000-€100,000/year
Tax obligations:
- Dutch income tax (progressive rates, 36-49%)
- US tax filing required (as a US citizen)
- Foreign Earned Income Exclusion may apply
- Tax treaty between US and Netherlands prevents double taxation
VAT (BTW):
- Services to US/non-EU clients: 0% (reverse charge)
- Services to Dutch clients: 21% VAT
- Small business exemption if under €20,000/year
See our US Taxes While Living in Netherlands guide.
Finding Clients as a Trademark Agent
International clients:
- US companies entering European markets need trademark guidance
- Maintain existing US client relationships
- Partner with US law firms that need European trademark coordination
Dutch clients:
- Dutch startups and scale-ups expanding globally need trademark strategy
- International companies headquartered in the Netherlands
- Network at IP and legal events in Amsterdam and The Hague
Best practice: Start DAFT with existing clients or committed projects. Trademark work often involves ongoing portfolio management, which creates recurring revenue. Building a base of business consulting clients who also need IP guidance is a smart approach.
Frequently Asked Questions
Q: Can I file US trademarks from the Netherlands? A: Yes. You can continue filing with the USPTO from anywhere in the world. Your US credentials and processes remain valid regardless of where you live.
Q: Do I need to become a European trademark attorney? A: Not necessarily. You can provide consulting, strategy, and coordination services without EU attorney status. For formal EUIPO filings, you can partner with a registered European trademark attorney. Many trademark professionals work in advisory roles without formal bar admission.
Related Professions
If trademark agent isn't quite right for your situation, consider these related professions that also work with DAFT:
Next Steps
- Evaluate your situation — Do you have clients? Income? A viable business plan?
- Read the complete DAFT guide — Understand all requirements
- Prepare your documents — Start the apostille process early
- Plan your timeline — Most people need 3-6 months to prepare
Digital Guide — $99
We're not immigration lawyers—just Americans who did this. Requirements change, so verify with official sources.