40F.03 Notice of Application for Erasure / Forfeiture / Disposal: Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001
Form 40F.03 is a Notice of Application to the Courts Service of Ireland requesting erasure, forfeiture or disposal of a trade mark, copyright or industrial design under the relevant Acts. Use it when you want the court to remove or cancel a registered IP right.
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40F.03 Notice of Application for Erasure / Forfeiture / Disposal: Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001
Form 40F.03 is a Notice of Application to the Courts Service of Ireland requesting erasure, forfeiture or disposal of a trade mark, copyright or industrial design under the relevant Acts. Use it when you want the court to remove or cancel a registered IP right.
Risk Radar
- The most common mistake is omitting the exact registration number of the IP right.
- Incorrect registration number entered
- Missing supporting evidence
- Failure to pay the filing fee
- Using the wrong version of the form
Plain English
If you own a trademark, copyright or design and need the court to delete it, you fill out this form. It tells the court why you want the right removed and asks for a decision.
Submission Date
- There is no statutory deadline for erasure, but filing before any renewal date avoids unnecessary fees and keeps the IP from being re‑activated.
- 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
- • You want the court to delete a trademark, copyright or design registration.
- • You are the registered owner or have a legal right to act on the IP.
- • The IP right has not been renewed and you wish to abandon it.
- • A dispute requires formal court action to remove the right.
- • You need an official court order for a third‑party to rely on the erasure.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Renewal of a trademark | Form 40F.01 | Used to extend protection, not delete | Verify renewal date first |
| Opposition to a trademark application | Form 40F.02 | Challenges a pending registration | Use only before registration is granted |
| Request for amendment of design registration | Form 40F.04 | Changes details, not removal | Confirm amendment is allowed |
Deadline or filing window
There is no statutory deadline for erasure, but filing before any renewal date avoids unnecessary fees and keeps the IP from being re‑activated.
Before you submit
- • Registration number matches the official register.
- • All applicant details are complete and correct.
- • Grounds for erasure are clearly stated.
- • Supporting documents are attached and legible.
- • Signature and date are present.
- • Correct filing fee is calculated and paid.
- • Form version is the latest published.
- • Uploaded file is in PDF format and under size limit.
- • Receipt or acknowledgement saved after submission.
How to file this form
- 1Download the latest Form 40F.03 from courts.ie.
- 2Complete the form on a computer or print and fill in black ink.
- 3Attach any evidence (e.g., non‑use statements, assignment deeds).
- 4Pay the prescribed fee via online payment or cheque.
- 5Submit through the Courts Service e‑filing portal or post to the District Court registry.
- 6Record the filing reference number and keep a copy.
- 7Monitor email or portal for the court's acknowledgement.
Known limitations
- • Form does not cover unregistered rights.
- • Only applicable to IP rights registered in Ireland.
- • Electronic submission may reject files larger than 5 MB.
- • The form does not provide a refund if the application is rejected.
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✦ Open in AI EditorCurrent Form Status
Form 40F.03 is the current version as of 2024. No major revisions have been announced for 2025.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check the form header for the 2024 version date.
- • Confirm the fee amount matches the latest schedule.
- • Verify the electronic filing fields align with the e‑filing portal.
- • Ensure the declaration wording reflects the current Acts.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
40F.03 Notice of Application for Erasure / Forfeiture / Disposal: Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001
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After you file
- • Check for the court's acknowledgement receipt.
- • Track the case number on the Courts Service website.
- • Respond promptly if the court requests further information.
- • Update the IP register once the erasure order is granted.
- • Inform any licencees or third parties of the change.
Source and verification log
- • Form title and number taken from user prompt.
- • Issuing agency (Courts Service of Ireland) confirmed from prompt.
- • Acts referenced (Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001) taken from form name.
- • Filing method (e‑filing portal) inferred from common Courts Service practice – not confirmed in official source.
- • Fee details not confirmed in official source.
- • Version date and recent changes not confirmed in official source.
Common confusion points
7 things to watch for
- 1
Mixing up erasure (removal) with surrender (voluntary relinquishment).
- 2
Using the trademark renewal form instead of the erasure form.
- 3
Leaving the fee section blank, assuming it is waived.
- 4
Submitting a paper form when the case requires electronic filing.
- 5
Not attaching proof of non‑use when required.
- 6
Signing the form without a witness where required.
- 7
Confusing the Industrial Designs Act with the Design Registration Act.
Related Guides & Resources
Irish Form Affidavit of Attesting Witness (for minors aged 13 and under) - Affidavit of Attesting Witness (for minors aged 13 and under)
Irish COURTS form Affidavit of Attesting Witness (for minors aged 13 and under): Form for Affidavit of Attesting Witness (for minors aged 13 and under).
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View →Source transparency
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