Official form guide
Form 40F.01 Notice of Application for Order for Delivery up: Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001.
Form 40F.01 is a Notice of Application for an Order for Delivery up under the Trade Marks Act 1996, the Copyright & Related Rights Act 2000 and the Industrial Designs Act 2001. It is used when a court applicant wants the defendant to hand over infringing goods, materials or records.
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Form Overview
Courts Service of Ireland - Form 40F.01 Notice of Application for Order for Delivery up: Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001.
Form 40F.01 is a Notice of Application for an Order for Delivery up under the Trade Marks Act 1996, the Copyright & Related Rights Act 2000 and the Industrial Designs Act 2001. It is used when a court applicant wants the defendant to hand over infringing goods, materials or records.
Risk Radar
Scan points- 1The most common mistake is giving an unclear description of the infringing items.
- 2Missing the registration number of the IP right
- 3Vague description of the items to be delivered up
- 4Failing to attach supporting evidence
- 5Incorrect court registry address
Plain English
If you think someone is using your trademark, copyright or design without permission, you can ask the court to order them to give you the offending items. This form tells the court what you want returned and why.
Submission Date
- Filing date: There is no statutory deadline, but filing promptly after discovery of infringement is advisable to avoid loss or disposal of the items.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- When you need the court to order the return of infringing goods.
- When you have a pending infringement proceeding under the Trade Marks, Copyright or Industrial Designs Acts.
- When you want an official record of the items to be seized.
- If you are seeking an interim order before a full trial.
- When the other party has not voluntarily surrendered the items.
Form selector
Use this form or another form?
Seeking injunction only
No delivery up needed, just stop further use
✓ Verify you only need an injunction
Applying for damages
Monetary compensation, not physical items
✓ Use damages form if no items to retrieve
Enforcing a court judgment after trial
Execution of judgment, not initial delivery up
✓ Check if judgment already exists
Deadline or filing window
There is no statutory deadline, but filing promptly after discovery of infringement is advisable to avoid loss or disposal of the items.
Before you submit
- 1Applicant name and contact details filled in.
- 2Correct IP registration number entered.
- 3Accurate description of items, quantity and location.
- 4All supporting documents attached.
- 5Signed and dated by the applicant or authorised solicitor.
- 6Correct filing fee included or payment reference attached.
- 7Correct court registry address used.
- 8Copy retained for your records.
How to file this form
- 1Download Form 40F.01 from the Courts Service website or collect a paper copy from the court registry.
- 2Complete the form using black ink or the online fill‑in option.
- 3Attach copies of the IP registration certificates and evidence of the infringing items.
- 4Pay the filing fee (cash, cheque or electronic payment as accepted by the court).
- 5Submit the form and fee to the court registry by post, in person or via e‑filing.
- 6Obtain the receipt or acknowledgment from the court.
- 7Serve a copy of the filed form on the respondent as directed by the court.
Known limitations
- 1Form does not cover requests for injunctions; a separate form is required.
- 2Only applicable to registered trade marks, copyrights and designs.
- 3Electronic filing may not be available in all districts.
- 4The form does not include a built‑in fee calculator.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->Form 40F.01 is currently the up‑to‑date version used by all Irish courts. No recent amendments have been announced.
What changed or needs a fresh check
- Confirm the form header shows 40F.01 and the correct year.
- Check that the fee schedule on the Courts Service website matches the amount you are paying.
- Verify that the e‑filing option is available for your court.
- Ensure the IP right reference fields match the latest legislation numbering.
Quick Facts
Form Details
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCForm title and number taken from user input.
- SRCPurpose inferred from the name ‘Notice of Application for Order for Delivery up’.
- SRCCourt filing methods based on general Courts Service procedures.
- SRCFee and e‑filing availability not confirmed in official source.
- SRCSpecific deadlines not confirmed in official source.
- SRCAlternate forms (40F.02‑04) inferred from typical numbering scheme, not confirmed.
Common confusion points
Mixing up Trade Marks Act and Copyright Act reference numbers.
Leaving the ‘location of items’ field blank.
Assuming the same form works for patents (it does not).
Submitting the form without the required fee.
Not serving the respondent after filing.
Using an outdated version of the form.
Confusing ‘delivery up’ with ‘destruction of items’.
Source transparency
Copyright & Licensing — Irish Government Forms
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