Requirement of DSC in Trademark Registration

What is Trademark Registration?

What is a DSC?

What Are the Types of DSCs, and Which One Should You Choose?

Class I DSC

• Security Level: Offers the most basic level of identity verification.
• Usage: Rarely employed in e-filing due to its minimal security features.

Class II DSC

• Security Level: Provides a moderate level of security, ensuring better verification of the applicant's identity and the origin of documents compared to Class I.
• Usage: Commonly used in various routine electronic applications.

Class III DSC

• Security Level: Ensures the highest level of security for verifying the applicant's identity and the document's origin.
• Usage: Widely used for significant electronic filing tasks like business incorporation, tax registrations and filings, labour law compliance, e-tendering, etc.

What is the Use of DSC in Trademark Registration? 

• For e-filing trademarks, the system requires a Class 3 Digital Signature Certificate. This means that any individual, attorney, or agent who intends to file for a trademark must secure a Class 3 DSC as a prerequisite. 
• The Class 3 DSC is recognized for providing the highest level of security and typically has a validity period of one to two years, after which it must be renewed.

Advantages of DSC in Trademark Registration Process

• Enhanced Security: DSCs provide a secure digital key that certifies the holder's identity. This key is used to sign documents electronically, ensuring they have not been altered in transit and maintaining their integrity from sender to receiver.
• Legal Recognition: As per the IT Act of 2000, digital signatures have the same legal status as handwritten signatures. This legal backing ensures that documents signed with a DSC are valid and can be presented in court.
• Streamlined Process: The e-filing system for trademarks is designed to work seamlessly with DSCs, making the submission process faster and more efficient. It eliminates the need for physical paperwork, leading to quicker registration.
• Authenticity and Non-repudiation: The use of DSCs in e-filing provides authenticity, as the signature is unique to the person holding the certificate. It also prevents individuals from denying their signatures on electronically filed documents.
• Cost and Time Efficiency: With DSC, registering a trademark becomes less time-consuming and more cost-effective. There's no need to spend on printing and shipping documents, and the registration can be completed without physical presence.
• Long-term Validity: DSCs usually come with a validity of one to two years, which can be renewed. This long-term validity allows repeated use in various transactions, including multiple trademark filings.
• Ease of Renewal and Revocation: DSCs can be easily renewed upon expiration. In case of any security issues, they can also be revoked, and a new certificate can be issued, ensuring continued protection.
• Environmentally Friendly: Since the entire process is digital, it reduces the need for paper, contributing to eco-friendly business practices.

Key Considerations When Choosing a DSC for Trademark Registration

• Reuse of DSC for Different Filings: If you already have a DSC issued for business filings, you do not need to obtain a separate one for trademark filing. A single DSC can serve multiple purposes.
• Exclusivity of DSC Usage: A DSC is personal and exclusive to its owner. It cannot be used to create multiple user IDs or by different individuals. The DSC is intended strictly for the registered owner's use, who is responsible for maintaining its security and integrity. This means others should refrain from sharing or using it to file e-forms or sign documents online.
• Importance of Class 3 DSC: For applications involving sensitive documents and forms, such as patents or trademark registrations, a Class 3 DSC is recommended. This class provides the highest level of security and is specifically designed for tasks requiring stringent identity verification and document integrity.

How do you use a DSC in trademark application?

Step 1: Procuring the Appropriate Digital Signature

• Choose the Right Class: Class III is generally recommended for its higher security level.
• Find a Certified Provider: Obtain your Digital Signature Certificate easily through IndiaFilings.
• Complete Verification: Follow the necessary procedures for identity verification as required by the chosen class of DSC.

Step 2: Downloading and Installing the DSC Signing Component

• Download the Software: After obtaining the DSC, download the necessary DSC signing component software from the certifying authority's website or as guided by them.
• Install the Software: Follow the installation instructions to set up the software on your computer.
• Integration with Application Process: Ensure the installed software is compatible and integrates smoothly with the trademark application portal.

How to get a Digital Signature Certificate?

Simplify DSC acquisition & Trademark Registration with IndiaFilings

RENU SURESH Expert

Updated on: December 29th, 2023