Illuminating the Applicability of Class 2 and Class 3 DSC for Trademark Registration

Class 3 DSC
Karan Singh
| Updated: Jun 23, 2021 | Category: Trademark

For the online application for Trademark Registration, you should arrange a few sets of documentations. One such vital document is the DSC (Digital Signature Certification) in the business fraternity. This article will throw some light on the different practical details concerning DSC usages in the Trademark application. Moreover, we also demonstrate a process for getting the Class 2 and Class 3 DSC.

Meaning of Digital Signature Certificate and why it is Essential?

During registering a company or firm and filing different compliances forms, you would have heard of the word DSC or Digital Signature Certificate. The Digital Signature Certificate includes an encrypted signature that comes along with a verifiable key. This protected form of signature is required for filing the different online-based forms. It is mentioned as signatures with added protection and reliability. In the case of Trademark Registration, a person has to attain either Class 2 or Class 3 DSC for filing a Trademark application.

Class 3 DSC for Filing Trademark Application

In India, Trademarks were controlled or regulated as per the provision of the Trade Mark Act. Moreover, the Office of the Controller General of Designs, Patents & Trademarks is accountable for issuing the complete regulation for the application of Trademark. Moreover, the Department of Industrial Policy & Promotion now allows an e-filing system. This system is convenient and ensures a flawless grant of Trademark via an instinctive filing process. The Government of India has mandated obtaining a Class 3 DSC to digitally file an application for Trademark Registration. Hence, any individual, attorney, agent, or firm should avail of Class 3 Digital Signature Certificate before getting engaged with the process of registration.

How can you get Class 3 DSC?

A Digital Signature Certificate (DSC) for signing the e-documents gets from Public and Private Companies, those that own a license for the MCA or Ministry of Corporate Affairs. Peoples seeking Claas2 or Class 3 DSC should head over to the Certified Authorities like NSDL, NIC (National Informatics Center), Sify Communication Ltd, Code Solutions, E-Mudra, CADAC, IDSIGN and IDRBT Certifying Authority, Capricon, and Pantasign, along with vital documentation such as PAN[1] and Aadhar for applying for same.

Categorisation of the Digital Signature Certificate

The following list includes various classes of Digital Signature Certificate that were provided by the Certified Authorities in India:

Categorisation of the Digital Signature Certificate
  • Class 1 Certificate

Assurance Level: The granting of a Class 1 Certificate is broadly limited to business personnel or private individuals. Such certificates will make sure that the detail enclosed in the application of subscriber does not overlap with the information spread in the user’s databases.

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

  • Class 2 Certificate

Assurance Level: Such certificates usually serve business personnel and private individuals. These certificates make sure that the information comprises in the application doesn’t hinder the information available in the database of the clients.

Applicability: The class 1 certificate is best suited to the surroundings where the risk of unauthorised data manipulation comes under the moderate group. It might consolidate financial value, or the risk of data manipulation is significant. Class 2 certificate can also be used for the registration of the Trademark.

  • Class 3 Certificate

Assurance Level: This certificate serves the hugger entities and the individuals. Since there are considered as high insurance certificates, they are often preferred by e-commerce entities where the data risks violations are higher. But, their issuance criteria vaguely differ from the certifications above. To obtain such a certificate, the candidate should approach the certificate authorities for the in-person verification process.

Applicability: This certificate finds its applicability in the area where the possibilities of data violations are higher than in any other surrounding. This may comprise high levels of fraud risk or high-value transactions. Such as a Class 2 certificate, the person can take benefit of Class 3 DSC to file an application for the Trademark Registration.

Important Points to Remember While Approaching to Authorities for Getting DSC

  1. A single Digital Certificate issued to a particular application cannot be used to create numerous user IDs with a single signature. Digital Signature Certificate is referred to as an instrument whose utilisation is limited to its owner only. Hence, it cannot be assigned to others for filing e-form or signing online-based documents. Maintaining the reliability of the Digital Signature Certificate is the responsibility of its owner.
  2. Candidate having possession of the Digital Signature Certificate for company filing does not need to attain separate DSC for Trademark application filing.
  3. Class 3 DSC finds its responsibility in conditions where the candidate desires to submit and sign the subtle document and forms like Patent Filing or Trademark Registration.

How to Trigger DSC for E-filing of Trademark Application?

  • Obtain a Class 2/Class 3 digital signature from any of the Indian Certifying Authorities & install it on your computer;
  • Go to the IP Indian website and click on the signing component link located on the page of registration;
  • As soon as you click the signing component link, the file will begin downloading by the name: CAPICOM.DLL;
  • You were needed to install this package on your system accordingly to instructions available on the website;
  • After manipulating the settings as per the manual of the portal, your Digital Signature Certificate will be automatically activated for the Trademark Registration.

Conclusion

The Government of India has directed the DSC usage with the purpose to fortify the online information shared by the candidate filing the government-based application. Most government-based organisations and avenues are now taking benefits of DSC to make filing procedures as soon as possible.

Read our article:Trademark Public Search – A Complete Guide

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Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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