Trademark

An Insight on the Uses of Class 2 & Class 3 DSC for Trademark Registration

calendar01 Mar, 2021
timeReading Time: 4 Minutes
DSC for Trademark Registration

To make an online application for trademark registration, you need to arrange a few sets of documentations. One such document is the Digital Signature Certification, referred to as DSC in the business fraternity. This write-up will shed some light on the several practical details regarding DSC usages in the Trademark application. Besides, we also illustrate a process for availing the Class 3 DSC.

What is a Digital Signature Certificate & why is it Necessary?

While registering a firm & filing various compliance forms, you would have heard of the term Digital Signature Certificate or DSC. The DSC entails an encrypted signature that comes along with a verifiable key. This safeguard form of signature is needed for filling the various web-based forms. It is referred to as signatures with added reliability & security.

In case of Trademark registration, an individual has to obtain either Class 2 or Class 3 Digital Signature Certificate (DSC) for filing an application.

Class 3 Digital Signature for Trademark Filing

In our country, trademarks were regulated as per the provision of the Trademark Act. Furthermore, the office of the Controller General of Patents, Designs, and Trademarks is responsible for issuing the overall regulation for the trademark application. Additionally, the Department of industrial policy & promotion now permits an e-filling system. This system is user-friendly and ensures a seamless grant of trademark through an intuitive filing procedure.

The government has mandated attaining a Class 3 Digital Signature Certificate to file the trademark registration application electronically. Therefore, any person, agent, attorney, or firm must avail of a Class 3 Digital Signature Certificate before getting engaged with the registration process.

Read our article:A Deep Analysis on Benefits of Trademark Registration

How can One Avail Class 3 Digital Signature Certificate?

A Digital Signature Certificate for signing the e-documents obtains from private and public avenues; those possess a license from the Ministry of Corporate Affairs, aka MCA. Individuals seeking Class 2 or Class 3 DSC must head over to Certified Authorities such as National Informatics Center (NIC), IDRBT Certifying Authority, Sify Communication Ltd, Code Solutions, E-Mudra, CDAC, NSDL, Capricorn, IDSIGN, and Pantasign  along with necessary documentation like Aadhaar and PAN for applying for the same.

Classification of the Digital Signature Certificate

Following list entails different classes of Digital Signature certificate that were offered by the Certified Authorities in India:-

Classification of the Digital Signature Certificate

Class 1 Certificate

Assurance Level: The issuance of a Class 1 certificate is widely limited to private individuals or business personnel. These certificates will ensure that the detail enclosed in the subscriber’s application does not coincide with the information spared in the user databases.

Applicability: A Class 1 certificate comes with a basic assurance level, targeting those companies where the risk of data breaching is considerably lower.

Class 2 Certificate

Assurance Level: Such certificates typically serve the business personnel & private individuals. These certificates ensure the information included in the application does not hinder the information available in the database of the consumers.

Applicability: A Class 1 certificate is best suited to the environment where the risks of illegal data manipulation fall under the moderate category. It might consolidate transactions having considerable monetary value, or the risk of data manipulation is substantial. Class 2 certificate can also be used for Trademark registration. 

Class 3 Certificate

Assurance Level: Class 3 certificate serves the bigger companies as well as the individuals. Since these are considered as the high insurance certificates, they are often preferred by e-commerce companies where the risks of data breaches are higher. However, their issuance criteria slightly differ from the certifications above. To avail of such a certificate, the applicant must approach the certificate authorities for the in-person verification process.  

Applicability: Class 3 Certificates find it applicability in the area where the chances of data breaches are higher than in any other environment. This may include high levels of fraud risk or high-value transactions. Like a Class 2 certificate, the individual can take advantage of Class 3 DSC to file an application regarding the Trademark registration. 

Points to Ponder while Approaching to Certified Authorities for Obtaining DSC

  • Applicant having DSC’s possession for company filling doesn’t need to obtain separate DSC for Trademark filling.
  • A single DSC issued to a specific applicant cannot be used to create multiple user IDs with a single signature. DSC is referred to as an instrument whose utilization is limited to its owner only. Thus, it cannot be delegated to others for filing e-form or signing web-based documents. Maintaining the integrity of the DSC is the accountability of its owner.
  • Class 3 DSC finds its applicability in scenarios where the applicant wants to submit and sign the delicate document and forms such as patent filing or trademark registration.

How to Activate DSC for E-filing of Trademark Registration?

  • Procure a class III or II digital signature from any of the Indian Certifying Authorities and install it on your computer.
  • Visit the IP India portal and click on the Signing Component link located on the registration page.
  • As soon as you click the link, the file will starts downloading by the name: CAPICOM.DLL.
  • You were required to install this package on your system as per the instructions available on the portal.
  • After maneuvering the settings as per the portal’s manual, your DSC will be automatically activated for the trademark registration.

Conclusion

The Indian government[1] has mandated the usage of DSC with an aim to fortify the online information shared by the applicant filing government-based application. Most government-driven avenues and organizations are now taking advantage of DSC to make filing procedures as secure as possible. In case if you find it difficult to avail the Class 3 DSC for your.

Read our article:10 Invaluable Advantages of Trademark Registration

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