The blog gives you a deeper insight into ‘Step-by-Step Process of using Digital Signatures for Trademark Applications’. These applications can be filed online and can be authenticated using DSC of the applicant, in this case, the trademark owner or any other person authorised by him. For a deeper understanding of how to add digital signature to your trademark application, we have explained the basics of Digital Signatures as well.
In this digital era, the process of filing applications for various legal purposes including Trademark Registration has been revamped drastically. In fact, it has become quite convenient as well as efficient for electronic filing and a vital element that has made this come true is digital signatures.
Digital signature is an electronic way of authenticating and verifying documents used for Trademark Registration forms and other legal filings. Due to use of digital signatures for trademark filing, applicants can streamline their submissions, enhance document security, and fast-forward the overall trademark application review and approval process.
What is Digital Signature?
Before moving further to the ‘Use of Digital Signature for Trademark Process‘ firstly, it’s necessary to understand what Digital Signature actually is! Digital signature is an electronic version of physical or handwritten signatures that are used to sign different legal documents electronically such as trademark applications. Digital Signatures create a unique digital fingerprint, also called Hash, known as a hash of the document’s content. This hash is encrypted by the signer’s private key to create the digital signature that is attached to the document.
Digital signatures do not encrypt the document itself but serve to verify its origin and integrity. Any alteration or tampering with the document once, the digital signature is applied will lead to immediate invalidation of the application. In order to gain access to the document, the recipient uses the signer’s public key and decrypts the encrypted hash to compare it with a recalculated hash of the document. In case the hashes match, it confirms that the document’s integrity and the authenticity of the signature are intact from its very origin.
Classes of Digital Signature
In India, there are different classes of Digital Signatures, each consisting of a different level of security, when it comes to the verification of electronic forms and documents. The classes of DSCs are described below;
- Class I DSC: It verifies the identity of the applicant least securely, and is hardly used for any e-filing purposes.
- Class II DSC: It verifies the identity of the applicant and origin of documents a little more securely and efficiently than Class I digital signature, and is used in some regularly filed e-applications.
- Class III DSC: It verifies the identity of applicant and origin of documents most securely, are often used for many significant e-filing purposes like business incorporation, tax registrations and returns, labor law registrations and returns, e-tendering, etc.
For e-filing of Trademark Application, the applicant must use a Class II or Class III Digital Signature only. It ensures that the documents and the forms filed are authentic and have been verified with the identity of the applicant. However, if you go by expert recommendation, a Class III DSC would be ideal for use as it offers the least chance of forging the documents and forms submitted.
Purpose of Digital Signature in Trademark Application
The main purpose of using digital signature for trademark application is to provide authenticity, integrity, and security to the submitted form and documents. With the usage of digital signatures into the trademark efiling process, a number of purposes can be fulfilled; some major ones are mentioned below;
- Authentication and Proof of Identity: Digital signatures act as a valid proof of the applicant’s identity as well as intent. They give you an assurance that trademark efiling has been done by an authorized party, thereby eliminating possible concerns regarding fraudulent filings and also protecting rights and interests of the trademark owners.
- Document Integrity: Digital signatures help in assuring the integrity of the submitted documents. Any kind of editing, modification with the documents after applying the digital signature will make the signature invalid. It is very useful in maintaining the integrity, authenticity and trustworthiness of the trademark application, as the documents remain unaltered during transmission and storage.
- Efficiency and Streamlined Process: By iInclusion of digital signatures allows the end-to-end trademark application process to be conducted online, minimizing requirement of physical paperwork. The process helps in saving precious time and resources for both; applicants as well as authorized trademark offices. Moreover, digital signatures accelerate application processing and communication between applicants and trademark offices. It leads to expedited review times along with improved efficiency.
- Legal Admissibility: Digital signatures encompass legal admissibility, enabling that the signed documents can be used as evidence in legal proceedings. They comply with various national and international laws and regulations governing electronic transactions and thus, provide a solid foundation for enforceability of the trademark application.
Steps to Use Digital Signature in Trademark Application
Now, when you become aware of the importance of using Digital Signature for trademark e-filing, after that, you need to understand the process of its incorporation. Attaching or uploading a digital signature into a trademark application is a straightforward process that increases its authenticity and security. It mainly consists of two essential steps:
- Procuring the appropriate Digital Signature (Class II / Class III)
- Downloading & Installing the DSC Signing Component.
Let’s discuss more about execution of both aforementioned steps to get a clear roadmap for a seamless integration of digital signature into your trademark application.
Procure a Digital Signature Online
Digital Signature for IPR is issued by Certifying Authorities (CAs) in India. These authorities are licensed by the Indian Ministry of Corporate Affairs and provide all the three classes of Digital signatures to individual and non-individual applicants. To purchase a Class II or Class III digital signature from any of these Certifying Authorities for Trademark application, the following steps should be followed.
Step 1- Select the appropriate CA
The first step is to choose a Certifying Authority befitting your needs in terms of accessibility, affordability and quality of service.
Step 2 - Visit the website of the CA
Once you’ve decided on the Certifying Authority, go to its Official Website and access the online DSC application.
Step 3- Fill out the DSC Application
There are two modes through which you can apply, the first one is the Adhar-based form, while the other is the PAN-based form. An applicant can fill out the Aadhar-based form if his/her mobile number is interlinked with Aadhar, if not, one may need to opt for the PAN-based form. It is important to understand the process of filling out the DSC application correctly so that its approval is obtained by the authorities.
Step 4- Upload the Documents
If the form has been filled, the next move is to upload the necessary documents. For filling out the Aadhar-based application form, all you need is the xml file of your e-Aadhaar downloaded from the UIDAI website. For PAN-based application, the applicant is needed to submit a PAN card of the applicant (passport mandatory, if he is a foreigner), along with an address proof and a colored photograph.
Step 5- Pay the DSC Application Fees
Lastly, you need to pay the application fees, which depend on the Certifying authority you’re applying to, the validity as well as class of your DSC. Finally, you can submit the form and wait for your DSC to arrive as a downloadable file on your registered e-mail address.
Install the DSC Signing Component
The Digital Signature you’ve received must be downloaded and stored in your system. To upload this file with the Trademark Application, you need to first download and install the Signing Component utility. The below-mentioned steps are needed to be followed;
Step 1- Check Your Computer’s Windows-bit Version:
The process of installing the Signing Component differs slightly for the 32-bit and 64-bit Windows versions, so first you need to check the version of your system. For this, open the ‘File Explorer’, and after that go to the ‘My Computer’ or ‘This PC’ section. Right Click, and go to Properties. Here you can check whether your Operating system is 32-bit or 64-bit.
Step 2 - Download the Signing Component
The next step is to download the Signing Component utility. For this, you need to visit the IP India website and go to Trademarks on the main Menu bar. From the dropdown, click on ‘Related Links’, and then the ‘e-Filing’ option.
On a new window you will find the link to the ‘Signing Component’. Click on the link to download and extract the Signing Component file – capicom.dll
Step 3: Install the Signing Component in your System
If your system is a 32-Bit Windows version, copy the capicom.dll file to My Computer/ Local Disc (C:)/Windows/ System32. Find the cmd file here, and right click on it to open in Administrator mode. Finally run the command regsvr32 capicom.dll for a successful installation. However, if your system has a 64-bit Windows version, the installation process is a little different. Click on the Windows button and type %systemroot%\SysWoW64\ in the search text box to open system folder Copy the capicom.dll file to this folder and open the cmd prompt in administrator mode Go to the %systemroot%\SysWoW64 folder again from cmd prompt Run command regsvr32 capicom.dll for successful installation.
After the successful installation of the Signing Component, you can go back to IPIndia website, and register as a user to proceed with the trademark efiling.
Benefits of Adding Digital Signature to Trademark Application
The use of digital signature for trademark application provides you various significant advantages. Primarily, it eliminates the need for any kind of physical paperwork and also allows e-filing of trademark applications entirely online. It saves time and resources, besides reducing the risk of document loss or damage. Moreover, digital signatures uplift the authenticity and trustworthiness of trademark applications, as they offer verifiable proof of the applicant’s identity and also intent.
This mitigates concerns such as fraud filings and protects the rights and interests of trademark owners. Furthermore, using digital signatures result in faster processing and communication between applicants and trademark officials, and thereby leading to an expedited approval process by the Trademark Registry Offices.
With the use of digital signatures for trademark e-filing process, one can reap a number of benefits including better security, efficiency, and credibility. The detailed steps described in this post to obtain the right type of Digital Signature Certificate (DSC) and installing the DSC signing component, enable applicants to easily and quickly file their trademark applications online; it will help maintain the integrity and authenticity of their documents.
The usage of digital signatures not only helps in saving your precious time along with resources but also provide protection to your valuable trademarks across the digital landscape. With technological advancement, harnessing the power of digital signatures becomes highly effective in protecting intellectual property rights and thus, unlocking new opportunities in the digital era.
FAQ
Q1: Are digital signatures legally recognized for efiling trademark applications?
Yes, digital signatures are recognised for filing trademark applications online. They help comply with various required national and international laws and regulations governing electronic transactions, thus providing legal admissibility and enforceability.
Q2: How do digital signatures enhance the security of trademark applications?
Digital signatures increase the security of trademark applications by ensuring document integrity and authenticity. Any kind of editing or tampering with the documents after applying the digital will cause the signature invalid, thus safeguarding the application against unauthorized changes.
Q3: Can I use any digital signature for my trademark application?
No, you can only use Class II or Class III Digital Signature for trademark application issued by a trusted Certification Authority (CA). The DSC validates your identity along with ensuring the authenticity of the digital signature.
Q4: Do I need specialized software to use digital signatures in trademark applications?
Yes, you need to install the DSC Signing Component to enable the use of digital signatures on your Trademark Application. The link to this Component is given on the IPIndia Website.
Q5: Can I use a digital signature for trademark applications filed internationally?
Yes! digital signatures are recognized and permissible for trademark applications filed internationally. However, it’s necessary to ensure compliance with the specific requirements and regulations of each country or jurisdiction where you wish to file the application. It is commonly advised to do thorough research to understand the predefined guidelines and procedures for using digital signatures while filing international trademark applications.
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