Three layers. Twelve marks. One register.

A mark that many different businesses apply to their own operations to show that they meet a defined and published standard is, in Australian law, a certification trade mark. The program sits across three layers of obligation that work at the same time.

2.1 The certification rules under the Trade Marks Act 1995 (Cth)

A certification trade mark is a distinct category of trade mark. It is registered with IP Australia, and, unlike a standard trade mark, it cannot be registered until the rules that govern its use are approved by the Australian Competition and Consumer Commission. The rules define the certification requirements, the assessment process, the attributes of the certifier, the obligations of the owner and the approved users, and the dispute procedures. Sections 3 and 5 of this document are structured to become those rules. IP Australia examines the mark. The ACCC assesses the rules. This design is the reason a certification mark carries weight, because the standard behind it is independently vetted before the mark can exist.

2.2 The legal agreement between CAQA and the badge holder

The certification rules describe the standard. The legal agreement makes it enforceable against the holder. On certification, the holder enters the CAQA Certified Licence Agreement, which grants a limited right to display the mark and, in return, binds the holder to maintain the criteria, to use the mark correctly, to notify changes, to submit to verification, and to stop using the mark when certification ends. The core terms of that agreement are in Section 4, and the badge specific obligations are in Section 5. This layer is what lets CAQA suspend, revoke and enforce, and it is what protects the integrity of every other holder's mark.

2.3 The Australian Consumer Law, which always applies

The Australian Consumer Law applies to the program from the first day, independently of any trade mark registration. Every representation the program makes, and every mark a business displays, must be accurate and substantiated. A mark displayed when its criteria are no longer met, a criterion that is loosely worded, or a claim that overstates what was assessed, each creates exposure under the prohibitions on misleading conduct and false representations. The rules and the agreement in this document are built to keep the program on the right side of that law, through definitive criteria, documented evidence, continuing obligations, annual re-verification, prompt notification of change, and a public register that is kept honest.

The twelve marks

The program documents