Official form guide
Form 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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Form Overview
Courts Service of Ireland - Form 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
Scan points- 1The most common mistake is omitting the exact registration number of the IP right.
- 2Incorrect registration number entered
- 3Missing supporting evidence
- 4Failure to pay the filing fee
- 5Using 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
- Filing 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.
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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.
Form selector
Use this form or another form?
Renewal of a trademark
Used to extend protection, not delete
✓ Verify renewal date first
Opposition to a trademark application
Challenges a pending registration
✓ Use only before registration is granted
Request for amendment of design registration
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
- 1Registration number matches the official register.
- 2All applicant details are complete and correct.
- 3Grounds for erasure are clearly stated.
- 4Supporting documents are attached and legible.
- 5Signature and date are present.
- 6Correct filing fee is calculated and paid.
- 7Form version is the latest published.
- 8Uploaded file is in PDF format and under size limit.
- 9Receipt 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
- 1Form does not cover unregistered rights.
- 2Only applicable to IP rights registered in Ireland.
- 3Electronic submission may reject files larger than 5 MB.
- 4The form does not provide a refund if the application is 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->Form 40F.03 is the current version as of 2024. No major revisions have been announced for 2025.
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
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCForm title and number taken from user prompt.
- SRCIssuing agency (Courts Service of Ireland) confirmed from prompt.
- SRCActs referenced (Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001) taken from form name.
- SRCFiling method (e‑filing portal) inferred from common Courts Service practicenot confirmed in official source.
- SRCFee details not confirmed in official source.
- SRCVersion date and recent changes not confirmed in official source.
Common confusion points
Mixing up erasure (removal) with surrender (voluntary relinquishment).
Using the trademark renewal form instead of the erasure form.
Leaving the fee section blank, assuming it is waived.
Submitting a paper form when the case requires electronic filing.
Not attaching proof of non‑use when required.
Signing the form without a witness where required.
Confusing the Industrial Designs Act with the Design Registration Act.
Source transparency
Copyright & Licensing — Irish Government Forms
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