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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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
- The most common mistake is not matching the IP details exactly to the court order.
- Leaving the IP description vague
- Missing the court‑specified deadline
- Failing to attach required supporting documents
- Signing 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
- 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.
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.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Voluntary surrender of a trademark | Form 10 (Trademark Application) | Used for voluntary filing, not court‑ordered | Verify if the order is mandatory |
| Appeal against an order to deliver up | Form 40F.03 (Notice of Appeal) | Different form for challenging the order | Confirm you are appealing, not complying |
| Request for extension of delivery deadline | Form 40F.04 (Extension Request) | 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
- • Case number matches the judgment.
- • All three IP Acts are correctly selected.
- • Exact title and registration number of the IP entered.
- • Delivery date is realistic and complies with the order.
- • Signature and date are present.
- • Supporting documents attached.
- • Form saved as PDF (if filing electronically).
- • Correct court email/portal selected.
- • Confirmation 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
- • Form only covers orders under the three listed Acts.
- • Does not apply to voluntary surrenders.
- • Electronic filing requires a Courts Service account.
- • No guidance on fees – separate fee may apply.
- • Only accepts PDF uploads; other formats rejected.
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✦ Open in AI EditorCurrent Form Status
The form is currently the 2023 version and remains in force. No recent amendments have been published.
Agency: Courts Service of Ireland
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
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
40F.02 Order for Delivery up: Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001.
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After you file
- • Save the filing receipt and court reference.
- • Monitor email or{
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