Trade mark applicants receive a discounted fee for using approved means such as IP Australia's eServices to file their application, which includes using goods and services 'pick list' to choose the goods and services their application applies to.
IP Australia publishes and reconciles fees for trade mark applications as separate fees for 'pick list' and 'non pick list' applications. However, in the regulations the fee for a 'non pick list' application is listed as a separate fee that applies as well as the 'pick list' fee. While the fee amounts are correct, this presentation leads to confusion in interpretation of the fees in the trade mark regulations.
Rephrasing the trade mark fees in the regulations to align with how IP Australia presents and reconciles them to the public may alleviate this confusion.
On hold 04-Sept-2017
IP Australia's fees were recently reviewed and revised, and are not due to be reviewed again until 2019-20. This issue may be considered in that future fee review.