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Class 3 DSC and Trademark Registration

Updated on: 16 Jan, 2024 05:49 PM

Gone are the days when you had to book a flight from one place to another just to sign a document. With the introduction of digital signatures, you can now sign electronic documents within a matter of seconds, and that too at a single click. Whether you want to file your ITR online or register a trademark, you must have a digital signature. This article explains all about digital signatures, class 3 DSC, and how they can be used for trademark registration.

What is Digital Signature Certificate?

The Information Technology Act, 2000 has Provided for use of Digital Signatures on the documents submitted in electronic form to ensure the security and authenticity of the documents filed electronically.

Digital Signature Certificate is a type of electronically encrypted signature that comes along with a key that can be verified. This signature is used at the time of e-filing and fulfilling the compliance requirements for incorporating a company.

Although a digital signature is similar to a normal signature, it is in electronic form and comes with an additional layer of security. Just a normal signature is used to sign physical documents; a digital signature is used to sign documents online.

A DSC comes with a validity of 1-2 years in the form of a USB token. It can also be renewed after expiry. It consists of details such as the owner’s name, public key details, serial number, digital signature, and certifying authority. A DSC is issued by the authorities having approval from the Controller of Certifying Authorities (CCA).


What is Trademark Registration?

A trademark is an intellectual property that differentiates one product or brand from another. A trademark can either be a sign, symbol, word, phrase, design, expression, or sound that is legally recognized and cannot be used by any other individual or body. In other words, it provides a unique identity to any product or service and protects it from infringement.

Trademark registration is the process of adding your trademark to the trademark database of Intellectual Property India. You have to apply for a trademark from the official website of Intellectual Property India, search for the available trademarks, and get your trademark registered.


What are the Benefits of DSC?

There are various benefits of using a DSC. Some of them are listed below -

  • Time-saving - Earlier, in the case of physical signatures, it was important for individuals to be present at a place at a particular time to sign a document. Digital signatures have made it easier for individuals to sign documents. You can now sign documents from anywhere at the click of a button. This makes the process time-saving and cost-effective at the same time.
  • Highly Secure - Digital signatures are highly secure and protected and form a valid source of identification for the applicants. It acts as evidence of the applicant’s identity, origin, transactions, electronic documents, and digital messages.
  • Convenient - Digital signatures can be used to sign a document from anywhere, at any time, and from any device available. This not just improves the turnaround time but also increases satisfaction as you don’t have to be physically present to sign a document.
  • Legally Valid - Digital signatures are legally valid and can be used to protect the owner’s rights in any court of law. It is as valid as any other physically signed document.
  • Traceable - Digital signatures create a record of all the transactions making them highly traceable. This makes it easier to keep records for businesses and reduces the possibility of errors.

What are the Types of DSC

There are 3 main types of DSCs in India. Let us understand them in detail -

  • Class 1 DSC
    Class 1 DSCs are issued to private individuals and act as online proof of identity. These certificates are awarded only after carefully verifying the applicant’s date with the existing government databases. It mainly consists of the user’s name and email address.
  • Class 2 DSC
    Class 2 DSC is issued to businessmen as well as private individuals. These certificates are used to cross-check that the information given by the trademark applicant is correct and does not contradict the details present in the database. From 1 January 2021, no new class 2 DSC can be released in India and class 3 DSC shall be issued instead of class 2 DSC. Existing Class 2 DSC can be used till the expiry.
  • Class 3 DSC
    Class 3 DSC is the most popular type of DSC and has the highest level of security. This type of DSC is issued to both individuals and large corporations. In order to obtain a class 3 DSC, the applicants have to present themselves in front of the Registration Authority to prove their identity. This ensures that the certificates are highly reliable and secure.

Class 3 DSCs are more useful in situations where the possibility of a data breach is higher than normal. These types of DSCs are mainly used to register a trademark and E- Tendering of Procurement.


What is Class 3 Digital Signature?

Class 3 DSC is the most secure type of DSC that is issued to both large corporations and individuals. These types of digital signatures are issued only after verifying the applicant’s identity in person. In other words, the applicant has to verify his/her identity in person before the registration authority to get a class 3 DSC issued. A class 3 DSC can be used to participate in any type of online bids and tenders, e-file income tax returns using DSC, and in auctions. It is also advised to get a class 3 DSC if you want to register a trademark.


What is the Use of Digital Signature for Trademarks?

Class 3 Digital signatures are the most popular form of digital signatures for trademark registration, as they provide the highest level of security. Before we understand the use of Digital Signature for Trademarks, let us first understand what trademark registration is.


How is Digital Signature Used for Trademarks?

A Digital Signature is compulsory to file a trademark online. As per the Information Technology (IT) Act of 2000, the use of digital signatures is compulsory for e-documents to maintain their authenticity and security.

Under the e-filing system, it is mandatory for the applicants to obtain a class 3 DSC before initiating trademark registration. Since class 3 DSC is the safest form of digital signature and provides maximum protection from security breaches, it is advisable to get a class 3 DSC for trademark registration.


How to Add DSC to Trademark Application?

Given below are the steps that you must follow in order to add class 3 DSC to your trademark application.

  • Step 1. Obtain a Class 3 Digital Signature from the certified authorities and install it on your computer.
  • Step 2. Visit the official website of Intellectual Property India.
  • Step 3. Sign Up on the portal
  • Step 4. Read the Digital Signature Manual and download and install the signing component.
  • Step 5. Click on ‘Proceed for registration
  • Step 6. Fill in all the required fields
  • Step 7. Now you can sign your application using the class 3 digital signature.

If you are still befuddled and want to obtain a digital signature for trademark registration, you can take the help of a CA. Simply hire an eCA and get CA services at your convenience.


Frequently Asked Questions

Q- Is Class 3 DSC compulsory for trademark registration?

The Controller General of Patents, Design, and Trademarks (CGPDT) has stipulated class 3 DSC as a compulsory requirement for filing patents and trademarks. This is so because class 3 DSCs provide the highest protection and have a validity of 1-3 years.


Q- Who needs a class 3 DSC?

The main purpose of a class 3 DSC is e-procurement and government tendering. It is also used for other online transactions like e-filing of income tax returns, incorporation of a company or LLP, and filing annual returns.


Q- What are the uses of class 3 DSC?

A class 3 DSC can be used for the following purposes -

  • MCA e-filing and e-filing of Income Tax
  • LLP registration
  • Trademark Registration
  • E-tendering
  • GST Application
  • Form -16
  • IE Code registration

CA Abhishek Soni
CA Abhishek Soni

Abhishek Soni is a Chartered Accountant by profession & entrepreneur by passion. He is the co-founder & CEO of Tax2Win.in. Tax2win is amongst the top 25 emerging startups of Asia and authorized ERI by the Income Tax Department. In the past, he worked in EY and comes with wide industry experience from telecom, retail to manufacturing to entertainment where he has handled various national and international assignments.