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Digital Signature Certificate for Trademark Application

Updated on: 24 Sep, 2024 11:49 AM

Class 3 Digital Signature Certificate (DSC) is the highest level of security offered for digital transactions and electronic documents. It is a mandatory requirement for various legal and business purposes, ensuring that sensitive data is encrypted and authenticated. Class 3 DSC provides robust protection against identity theft and data privacy, making it an essential tool for online filings, including trademark registrations.

What is Digital Signature Certificate?

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

It’s important to know about DSC before we discuss what is class 3 DSC. 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. 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 with 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 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 only 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 for businesses to keep records and reduces the possibility of errors.

What is Class 3 Digital Signature?

Class 3 DSCs are the most secure DSCs and are used mostly in cases where data privacy and identity theft are the concern. However, class 2 DSCs have been discontinued and are no longer valid. Class 3 DSCs are now mandatory for both individuals and organizations, with no option for new registrations or renewals of Class 2 DSCs. This upgrade of DSCs provides significant security in online authentication and ensures enhanced security for all your digital activities.

To secure a Class 3 DSC, you can turn to Capricorn or other authorized providers. With a Class 3 DSC, you'll be empowered to sign documents, verify transactions, and engage in secure digital communication with confidence.


What is the Use of Digital Signature for Trademarks?

Class 3 Digital Signatures are mandatory for all online activities and transactions, including trademark registration, as they offer the highest level of security. 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 are High-level security measures in DSCs?

  • Two-factor authentication is a security measure that requires users to provide two different pieces of information to access an account. In this case, users need both a Digital Security Card (DSC) and a password or PIN. This dual-layered authentication provides a stronger level of protection compared to using only one form of verification.
  • Encryption is another security technique that safeguards data during transmission. By using complex algorithms, encryption ensures that only authorized recipients can access the encrypted information. This prevents unauthorized parties from intercepting and reading sensitive data.
  • Tamper-proof technology is a feature that detects any changes made to a digitally signed document. Cryptographic algorithms are used to verify the integrity of the document. Even a minor alteration can invalidate the signature, indicating that the document has been tampered with.
  • Non-repudiation is a property of digital signatures that prevents the signer from denying their involvement in the signed document. Class 3 DSCs offer this feature, ensuring that the signer cannot claim they did not sign the document. This is particularly important in legal disputes where accountability is crucial.

How to apply for Digital Signatures Certificate For Trademark Registration?

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.