How to get a trademark registered in the Netherlands?

A trademark application has to be filed before the Benelux Office of Intellectual Property. A Power of Attorney is not required. Foreign applicants do not need a domestic registration.

The application process includes an examination on absolute grounds; the official search has been abandoned. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use. After the examination on formalities and absolute grounds, the application is published in the online Benelux Bulletin for opposition purposes. Oppositions could be filed within a period of 2 months after the first day of the month which follows the date of publication of the mark. The whole procedure takes between 5 and 8 months if there are no complications. There also exists an expedited registration procedure.

Is the Benelux part of the Madrid Protocol?

The Benelux countries (Belgium, the Netherland and Luxembourg) are members of the Madrid Agreement, of the Madrid Protocol and of the European Community. Duly note, since the Benelux Trademarks Act in 1971, there are no national trademark laws in any of the Benelux countries anymore. Trademark protection is obtained by registration.