6.2 Competency

The examination will include looking at whether the applicant is competent to certify the goods and services and to operate the certification regime.³² Competency is a question of the applicant’s ability to monitor and control the users of the certification mark.

The applicant must have a mechanism to ensure that the certification mark will only be used on goods or in relation to services which possess the required characteristics. The applicant must also have mechanisms to ensure the reputation of the certification mark and prevent its misuse.

The draft regulations should include information pertaining to both “internal” and “external” competency of the applicant to govern the particular certification regime.

Footnote

³² Section 55(1)(c) of the Trade Marks Act 2002.