Misuse of Mark Policy

1. Purpose

This Misuse of Mark Policy explains how CAQA Certified, part of CAQA Groups and a Career Calling International Pty Ltd (ABN 53 162 651 238) initiative, investigates and addresses unauthorised use of its certification marks, misleading claims about certification and altered badge artwork. Every mark in the program is designed to be checkable: each certified organisation holds a unique certificate ID that anyone can confirm on the public register. That promise only holds if misuse is found and corrected quickly, so we treat every report seriously, whether it concerns a certified holder or an organisation with no connection to the program.

2. Who this policy is for

This policy is written for three groups: certified organisations that want to stay within the terms of their licence; businesses considering displaying a mark that need to know where the lines sit; and the customers, competitors, procurement teams and members of the public who see a badge in the wild and want to know what to do if it looks wrong. The services offered on this website - mark descriptions, certification packages, the application pathway and the public register - all rely on the integrity this policy protects.

3. What counts as misuse

Misuse includes, without limitation:

• displaying a CAQA Certified mark without a current licence, including before certification is granted or after certification has lapsed, been suspended or been withdrawn;
• altering badge artwork - colours, proportions, wording, visual elements or the certificate ID - beyond the reproduction rules in the mark kit;
• using a mark outside its certified scope, such as applying it to a related entity, franchise, brand or product line that was not the entity assessed;
• overstating what a mark verifies - for example, presenting an ownership mark as a product-quality endorsement;
• implying that a mark is a government endorsement, licence or accreditation; or
• reproducing mark artwork from this website or from a certified organisation’s materials for any unauthorised purpose.

4. Reporting suspected misuse

Anyone may report suspected misuse, and there is no charge for doing so - no payment of any kind is taken through this website. Reports can be sent to info@caqa.com.au, made by phone on 1800 266 160 or lodged through our contact page. It helps if you can tell us where you saw the mark, the organisation displaying it, the certificate ID if one is shown, and a photograph or link if available. We accept anonymous reports, although we cannot update an anonymous reporter on the outcome. Reporter details are handled under our Privacy Policy and are not disclosed to the organisation reported except where required by law.

5. How we investigate

• We acknowledge identified reports within two business days.
• We check the display against the public register and our licence records to establish whether the organisation holds a current certification, and for which marks.
• We contact the organisation concerned, describe the display in question and ask for its position within a stated timeframe.
• We assess the matter against the Certification Mark Rules, the Licence Agreement and the mark kit’s reproduction rules.
• We decide an outcome, record it, update the register where needed and let an identified reporter know the matter has been finalised.

6. Outcomes for certified organisations

Where the responsible party is a certified holder, outcomes range from a correction direction with a set timeframe, to an additional review of the affected mark, to suspension or withdrawal of certification in serious or repeated cases, in accordance with the Certification Mark Rules and the Licence Agreement. The register is updated to reflect any suspension or withdrawal. Certification fees - which are invoiced annually as described in our Website Terms of Use - are not refunded where a mark is suspended or withdrawn because of misuse, although nothing in this policy limits rights under the Australian Consumer Law.

7. Outcomes for organisations without certification

Where the responsible party holds no licence, we will issue a written demand to stop using the mark and to correct any misleading claims. If misuse continues, we may escalate: false or misleading certification claims can contravene the Australian Consumer Law, and unauthorised use of registered marks can infringe the Trade Marks Act 1995 (Cth) as the program’s marks progress through the IP Australia registration pathway described on this website. We may also notify the ACCC or the relevant state or territory consumer-protection agency where consumers are being misled.

8. Limits of this policy

This policy is general information about how we handle misuse; it is not legal advice, and it does not create obligations owed to any individual reporter. Decisions affecting certified holders are made under the Certification Mark Rules and the Licence Agreement, and can be contested through our Complaints and Appeals process.

9. Contact

Misuse reports and questions about this policy: info@caqa.com.au · 1800 266 160 · our contact page · 2/10 Lawn Court, Craigieburn, Victoria 3064.