DSC for trademark Digital Signature duplicated Error.

Introduction

We need to understand what digital signature is : A digital signature certificate is an electronic signature that applied as a protected key in verify the bearer's identity (USB). To imitate the privacy qualities of a written document on paper in a digital signature, asymmetric cryptography is utilised. It serves the same purpose as an Aadhar card, Voter ID a passport does, in that it allows the possessor to authenticate his identity. There is difference between Handwritten Signatures vs. Digital Signature A digital signature is not the same as a handwritten signature that has been scanned and digitally added to a document.
 

A digital signature is a string of 0s and 1s generated using, cryptographic methods. An ink signature can be simply copied from one document to another by manually or electronically replicating the image. Digital Signatures encrypt an electronic identity and the block on the last page of an electronic document, allowing preceding pages to be updated once the contract has been signed. On the other hand, digital signatures compute the hash or digest of the entire document, and any change in the earlier pages of the document will cause the digital signature verification to fail. 
 

A Technical system for proving the validity of a digital message or document is known as a digital signature. A valid digital signature offers the receiver reason to think the information was sent by a trusted source. sender, and it was not altered with throughout transport (tamper-proof).

Digital signatures are widely used. Used in application software, banking transactions, access lists, as well as other situations. wherein detecting forgeries and manipulation is critical. It also acknowledges electronic records, such as information or any other thing in electronic form, under the IT Act 2000/2008 (amended). Within the government agencies, the use of electronic records and digital signatures has been approved as a policy matter.

IT Act's definition The Indian government has begun to use digital signatures in all of its departments. systems for awarding licences, permits, filing applications, making payments, and so on additional types of electronic financial transactions Both the federal and state governments are involved are in the process of constructing a complete infrastructure for all types of electronic transactions, which will be available by the end of the year see a significant increase in the use of digital signatures.

• Guidelines

The first step in determining trademark availability would be to make a systematic check of present trademark registrations and applications. Throughout this case, the search function helps a lot. Anyone can also use authentic website to do a thorough search to check if your trademark is available or if someone else has also registered it. The greatest level of protection is provided by the Class 3 digital signature certificate, it has a retention duration of 1-2 years. The DSC must be renewed when this period has passed. A trademark application may be made by anyone with a Class 3 or Class 2 DSC, hence obtaining either of these DSC classifications is required to submit a trademark application in India.

You must have a valid digital signature certificate to utilise the online trademark application system, as the” Information Technology (IT) Act of 2000 mandates the operate of digital signatures” on electronic documents to ensure their security and legitimacy. Underneath the e-filing method, acquiring a Class 3 Digital Signature Certificate is essential. As just a result, acquiring a Class 3 DSC is highly suggested prior to registering a trademark.

• How Can I Include a DSC in My Trademark Application?

Visit https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx to add https://ipindia.gov.in/ to your trusted websites list and there you can select 'New User’ Sign Up' from the drop-down menu. And then acquire a digital signature of class III or II from any of the Indian Certifying Authorities and install it on your computer. Adhere with guidelines in the 'Digital Signature Manual' to download and install the Signing Component. There you Select 'Proceed to Registration' from the drop-down menu.  In the next step, fill in the required information. After that, you'll be able to use a digital signature certificate to sign the application. The installation or registration of capicom.dll (Signing Component) varies depending on the Windows bit version on your computer. Right-click on My Computer and select properties to see your Windows bit version.

• Chances of  getting duplicate signature error: 

Obtaining a Class 3 Digital Signature Certificate is now required under the e-filing system. As a result, any individual, attorney, agent, or organisation must obtain a Class 3 DSC before proceeding with a new trademark registration.

When creating a registration ID on the Trademark web portal, be very careful with your DSC.

Use the same DSC you used to create your Trademark registration user ID and to sign your Trademark application TM-A. When using DSC to create a Trademark registration user id, be very careful, as any slight error can result in an alert like "Duplicate: Digital Signature Duplicated."

• Legality of Digital Signature- 

“On October 17, 2000, the Indian Information Technology Act 2000 (http://www.mit.gov.in/content/information-technology-act) went into effect. One of the main goals of the Information Technology Act of 2000 was to encourage the use of digital signatures for e-commerce and e-government verification”. In making things easier In order to address this, the “Controller of Certifying Authorities (CCA) was”established in 2000. Certifying Authorities are licensed by the CCA. Under the IT Act 2000, authorities (CAs) are authorised to issue Digital Signature Certificates (DSC). The requirements and benchmarks The Act's Rules and Regulations, as well as the Guidelines that accompany it, describe the procedures that must be followed issued by CCA on a regular basis. The CCA established the Root Certifying Authority of India (RCAI) to serve this purpose. The RCAI issues Public Key Certificates to licenced CAs, who in turn issue DSCs to end users, using its self-signed Root Certificate. Digital signatures based on asymmetric cryptosystems are legally recognised under Section 5 of the Act.

The digital world Signatures are now accepted in the same way that handwritten signatures and electronically signed documents are. Digitally signed documents are treated the same as paper-based ones. The term "electronic signatures" was first used in 2008 as part of an amendment to the IT Act. This is how it will be implemented. The benefit of the change is that it has aided to widen the scope of the IT Act to cover different signing methods. As technology advances, digitised records will be available.

 Conclusion

 Authentic Websites can assist customers with obtaining a legitimate digital signature certificate for any e-filing needs, as well as conducting a professional trademark search. Their team of specialists will also preserve your company's identity and logo by registering it as a trademark, which also will prevent others from exploiting it without permission.

REFERENCES:-

• https://www.mca.gov.in/MinistryV2/digitalsignaturecertificate.html

• https://vakilsearch.com/blog/how-to-add-a-digital-signature-to-your-trademark-application/

Written By: Kaushiki