Official form guide
Form 40F.02 Order for Delivery up: Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001.
Form 40F.02 is 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 orders a party to surrender or hand over intellectual‑property material.
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Form Overview
Courts Service of Ireland - Form 40F.02 Order for Delivery up: Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001.
Form 40F.02 is 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 orders a party to surrender or hand over intellectual‑property material.
Risk Radar
Scan points- 1The most common mistake is not matching the IP details exactly to the court order.
- 2Leaving the IP description vague
- 3Missing the court‑specified deadline
- 4Failing to attach required supporting documents
- 5Signing the form incorrectly
Plain English
If a judge tells you to give up a trademark, copyright work or design registration, you fill out this form to confirm the hand‑over. It tells the court what you are delivering and when.
Submission Date
- Filing date: The filing must be made within the period specified in the court order, typically 14 days from the judgment date.
- 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 a court orders you to surrender a trademark registration.
- When a judgment requires delivery of copyrighted works.
- When an industrial design must be handed over to the State.
- When the order comes from a District Court, Circuit Court or Central Criminal Court.
- When you need a written record for the court’s files.
Form selector
Use this form or another form?
Voluntary surrender of a trademark
Used for voluntary filing, not court‑ordered
✓ Verify if the order is mandatory
Appeal against an order to deliver up
Different form for challenging the order
✓ Confirm you are appealing, not complying
Request for extension of delivery deadline
Separate request, not the delivery order itself
✓ Check the order allows extensions
Deadline or filing window
The filing must be made within the period specified in the court order, typically 14 days from the judgment date.
Before you submit
- 1Case number matches the judgment.
- 2All three IP Acts are correctly selected.
- 3Exact title and registration number of the IP entered.
- 4Delivery date is realistic and complies with the order.
- 5Signature and date are present.
- 6Supporting documents attached.
- 7Form saved as PDF (if filing electronically).
- 8Correct court email/portal selected.
- 9Confirmation receipt saved after submission.
How to file this form
- 1Download the latest Form 40F.02 from courts.ie.
- 2Complete all fields in black ink or digitally.
- 3Attach proof of delivery (e.g., courier receipt).
- 4Sign and date the form.
- 5Upload via the Courts Service e‑filing portal or mail the paper copy.
- 6Obtain and keep the filing receipt.
- 7Notify the other party that delivery has been made, if required.
Known limitations
- 1Form only covers orders under the three listed Acts.
- 2Does not apply to voluntary surrenders.
- 3Electronic filing requires a Courts Service account.
- 4No guidance on fees – separate fee may apply.
- 5Only accepts PDF uploads; other formats rejected.
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->The form is currently the 2023 version and remains in force. No recent amendments have been published.
What changed or needs a fresh check
- Confirm the form header shows 2023 edition.
- Check that the court reference field matches the judgment number.
- Verify the IP type boxes (Trademark, Copyright, Design) are present.
- Ensure the signature line includes space for date.
- Review any new instruction notes added in 2023.
Quick Facts
Form Details
- Revision date
- 23/10/25
Downloads & source
Source transparency
Copyright & Licensing — Irish Government Forms
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