Help and Anwsers2022-05-06T20:09:14+02:00

Answers to your FAQ with Law 24/7

Here you will find all questions about our services divided into the individual categories.

If you cannot find the answer to your question here, our service department at service@recht24-7.de will be happy to help you.

Why register a trademark with Recht 24/7?2022-04-14T08:46:40+02:00

Recht 24/7 has been around since 2003 and ensures that your trademark is researched and filed quickly and professionally by a lawyer.

Directly to the attorney – without an intermediary platform and detours. We are among the top law firms for trademark applications in Germany.

How long does my trademark application take?2022-04-14T08:43:41+02:00

We will prepare your trademark application within 24 hours after we have received all the necessary information about your trademark, the desired trademark protection and the applicant data.

After your approval, we file the trademark application with the relevant trademark office. Processing at the trademark office until publication of the trademark in the trademark register usually takes up to 4 months.

What does the Trademark Office examine?2022-04-14T08:42:07+02:00

To apply for a trademark, a corresponding application must be filed with the Patent and Trademark Office. The Patent and Trademark Office first checks whether all formal details comply with the legal requirements and whether the official fees have been paid. In addition, the office examines the so-called absolute grounds for refusal. These exist, for example, for trademarks that:

  • lack distinctive character
  • contain a sovereign sign
  • are contrary to public policy or morality.

If there are no grounds for refusal and the formal examination is positive, your trademark will be entered in the trademark register. The entire process is complex and requires competent correspondence with the trademark office.

As part of our “Trademark Application” product, we take care of all the necessary steps for you – from a detailed trademark search to the immediate application.

In which country is the trademark protection valid?2022-04-14T08:38:33+02:00

Trademark protection applies in the countries for which the trademark was applied for.

For a German trademark the protection area is Germany, for an EU trademark the trademark protection applies EU wide, i.e. in all member states of the European Union.

When will I receive my trademark certificate?2022-04-14T08:36:31+02:00

You will receive your trademark certificate from us after the Trademark Office has registered and published your trademark in the Trademark Register.

If you are applying for a German trademark, you will receive the trademark certificate in paper form.

If you are applying for an EU trademark, you will receive the trademark certificate in digital form (PDF file), as the EUIPO (European Trademark Office) only provides this format.

What do the number of classes mean for an application and the associated official fees?2022-04-14T08:34:56+02:00

The goods and services to which trademark protection extends are organized into classes. The trademark classification determines the claimed areas (classes) of the goods or services for which a trademark can be protected.

The official fees (which have to be paid to the Trademark Office after the application has been filed) of an application depend on the number of classes filed and amount to:

  • At the DPMA for the application of a German trademark
    • 290.00 € for the DPMA standard application fee with up to three classes
    • for each additional class 100,00 € office fee
  • At EUIPO (EU Trademark Office) for the application of an EU trademark
    • standard application fee with one class: 850 €
    • second class 50 € additional office fee
    • each additional class 150 € additional official fee
Is the list of goods and services with the Nice Classes necessary?2022-04-14T08:26:49+02:00

Trademarks are not registered in a blanket manner. Rather, it must be listed for which goods and/or services your trademark is to be protected. This list of goods and services is therefore an important part of the trademark application, which is incomplete without such a list.

The goods and services to which trademark protection extends are organized into (Nice) classes. The trademark classification determines the claimed areas (classes) of the goods or services for which a trademark can be protected.

This trademark classification is divided into 45 classes using an internationally uniform system, the “Nice Classification”.

Does Recht 24/7 act as agent for my trademark application?2022-04-14T08:24:33+02:00

Yes, when you file a trademark application through Recht 24/7, Recht 24/7 Schröder Rechtsanwaltsgesellschaft mbH acts as the representative for your trademark application. We handle the application procedure, clarify queries from the trademark office and handle all communication with the trademark office.

If you, as the applicant, do not have a place of residence or business or a branch office, it is mandatory that you be represented by a legal or patent attorney admitted to practice in Germany (Sec. 96 (1) Trademark Act). This is guaranteed with a trademark application through Recht 24/7.

What is the right type of trademark for my brand?2022-04-14T08:22:12+02:00

There are three types of trademarks: Word marks, figurative marks, and word/figurative marks.

  • Word marks are marks consisting of words, letters, numbers or other characters of the character set used by the Trademark Office. The scope of protection of the trademark here refers to the sequence of characters of the word and usually includes all common spellings.
  • Figurative marks are pictures, figurative elements or illustrations (without word elements).
  • Word/figurative marks are, as the name suggests, a combination of both. They consist of word and picture elements or of words that are graphically designed in a special way. A classic example of this is a logo with lettering or a special spelling. Here, protection extends to the combination of these representations.

We will be happy to advise you on which trademark form is the best option for your trademark application.

Why does it make a difference for trademark protection whether I am a manufacturer or a distributor of the goods?2022-04-14T08:19:32+02:00

If you are a (quasi-) manufacturer of goods, the respective goods protection is required. The protection of goods automatically includes the protection of the associated retail services.

If you are a retailer of goods, the protection of the respective retail services is required, not the protection of the goods.

Will owners of similar or identical trademarks be notified about my application?2022-04-14T08:16:16+02:00

If owners of similar or identical trademarks have set up trademark monitoring, they will receive notification of your application.

If confusion is alleged, opposition to your application may be filed. Therefore, after registering your trademark, we also advise you to set up a trademark watch.

Why incorporate with Recht 24/7?2022-04-14T08:06:08+02:00

Recht 24/7 has been incorporating companies since 2003. We are the original and ensure that you incorporate quickly and professionally.

You will receive all the necessary documents, prepared by a lawyer according to your requirements. All this in 24 hours.

Full legal advice on incorporation by a lawyer is included in the price. All services required for the incorporation are included. You do not pay anything extra for a legal “foundation consultation” or a managing director contract. You receive advice from a lawyer and not from a “formation consultant” without legal qualifications.

No hidden costs.  Compare for yourself.

How fast is the incorporation?2022-04-14T08:04:03+02:00

You will receive your incorporation documents from a lawyer individually prepared in 24 h. If you are in a hurry, we can also arrange a notary appointment within this period. After notarization, the company is ready to act as a UG in formation.

Need help filling out the tax office questionnaire?2022-04-14T08:01:34+02:00

You will receive a questionnaire from the tax office approximately 10 days after registration in the Commercial Register. We will, of course, provide you with comprehensive support during the formation of your UG or GmbH. For this purpose, we also answer all questions regarding the questionnaire of the tax office.

As with all questions regarding your formation, a lawyer is available to you around the clock. You can also get a good first overview here.

As the sole shareholder and managing director of an Unternehmergesellschaft GmbH, am I subject to social insurance contributions?2022-04-14T07:44:52+02:00

No. As a rule, you are not: If the shareholder and managing director has a shareholding of 50% or more, it is assumed that he or she has a so-called controlling position within the company. There is therefore no “dependency” as with a normal employment contract and the shareholder is treated as a self-employed person.

There is therefore no obligation to pay social insurance (ruling on this: BSG Urt. v. 14. 12. 1999 – B 2 U 48/98 R, GmbHR 2000, 618, 619).

What about taxes for an Unternehmergesellschaft or GmbH?2022-04-14T07:40:40+02:00

The Unternehmergesellschaft (UG haftungsbeschränkt) or GmbH are taxed according to the principles of the so-called corporations. The following taxes are due:

  • Corporations pay corporate income tax on their profits in the amount of 15% of the profit.
  • In addition, corporations must pay a solidarity surcharge of 5.5% on the corporate income tax.

These taxes are far below those that a self-employed person would otherwise normally have to pay on his profits. This is particularly advantageous if the profits do not have to be paid out in full and can remain in the company.

When profits are distributed to the shareholders, a final withholding tax of 25% is also due, plus a further solidarity surcharge of 5.5% on this tax.

What happens to the contracts that were concluded before the company was founded?2022-04-14T07:37:24+02:00

Can I subsequently “limit liability” and transfer these contracts from my old company?

No. It is not possible to transfer old contracts from the sole proprietorship to the UG (limited liability company): the UG is not a so-called “legal successor” and does not enter into the existing contracts of a sole proprietorship.

Reason of the legal regulation: The contracting partner is not to be surprised straight by the liability protection of the UG. After all, he has concluded a contract with a natural person and not with a limited liability company. Illustrated by an example: If this were possible, one could simply found a UG in the case of credit contracts of a private person and would then be free of debt oneself.

Your personal liability is only effectively excluded for all legal claims and also private insolvency) when the UG (limited liability company) has been entered in the commercial register.

Is it possible to take over an existing account for my UG or GmbH?2022-04-14T07:34:42+02:00

Why can’t I use an old account for my Unternehmergesellschaft (haftungsbeschränkt), but have to open it completely from scratch?

Prior to notarization, there is only a so-called “pre-incorporation company”. Neither such a pre-incorporation company itself nor its assets are transferred to the later entrepreneurial company after incorporation.

For this reason, the continuation of a bank account set up by the founding partners prior to the establishment of the company by the pre-founding company or the later entrepreneurial company is ruled out. In this respect, we strongly advise against setting up the account before the notary appointment.

You can find our partners for opening a business account here: https://recht24-7.de/en/recht-24-7-partner/.

Can I also include my car as an asset in the incorporation?2022-04-14T07:31:02+02:00

Is this only possible with the GmbH or also with the Unternehmergesellschaft?

A so-called non-cash formation is possible in principle, but it is very time-consuming. This requires a report on the formation in kind and a contribution agreement. In addition, you need an expert opinion on the value of the object to be contributed (e.g. DEKRA expert opinion). The registration court then examines this so-called non-cash incorporation on an individual basis.

From a practical point of view, it can be ruled out that a non-cash formation can be completed quickly. In most cases, it takes several weeks to complete the above-mentioned steps before final registration.

Moreover, a formation in kind is only possible for the GmbH and not for the UG (haftungsbeschränkt).

Does a shareholder from abroad have to travel to Germany for the formation?2022-04-14T07:27:41+02:00

NO! It is possible to establish a company with a shareholder abroad. There are two alternatives and we will prepare everything for you:

Alternative 1:

You have the deed notarized by a notary abroad. For this notary, you also need a so-called apostille on the deed. This is a confirmation by an authority that the notary is actually licensed. This possibility exists in most countries. You can find an overview here: https://www.dnoti.de

Alternative 2:

Alternatively, notarizations and certifications by German missions abroad (= embassy) are also possible. You can find more information at https://www.auswaertiges-amt.de/de/.

How does the incorporation process work?2022-04-14T07:18:37+02:00

The formation process is as simple as possible: In a first step you send us all information online. We then prepare all the necessary incorporation documents individually through a lawyer. So you don’t get any forms or bureaucracy to fill out yourself, but we take care of everything from one source. After you have gone through everything, we arrange a notary appointment at your place for notarization according to your wishes. During the entire incorporation process, our attorneys are available to answer all your questions regarding the incorporation and all legal issues. The entry in the commercial register and company register is also prepared by us.

Are my order details secure?2022-04-28T14:21:39+02:00

Yes. The transmission with our online forms and storage of all data is secured and encrypted via https (SSL encryption).

Is my payment to Recht 24/7 secure?2022-04-28T14:23:32+02:00

Yes – we attach great importance to this!

Our payment provider Micropayment is one of the largest and most established providers on the market: www. micropayment.de

Payment Card Industry Data Security Standard, or PCI DSS for short, is a security standard for handling card and transaction data.

Recht 24/7 complies with this certification.

How is the rating obtained?2022-04-28T14:23:01+02:00

The reviews are all original evaluations of our clients. We are proud of this and it shows us that people are satisfied with our service.

The customer rating system is a service of Trusted Shops GmbH.

Trusted Shops has been the leading seal of approval provider for online stores in Europe since 1999 and is the guarantor for independent and genuine ratings.

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