40F.04 Order for Erasure / Forfeiture / Disposal: Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001.
This form allows you to request an official order from the Courts Service of Ireland regarding intellectual property rights. It specifically covers actions related to Trade Marks (under the 1996 Act), Copyright (under the 2000 Act), and Industrial Designs (under the 2001 Act).
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40F.04 Order for Erasure / Forfeiture / Disposal: Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001.
This form allows you to request an official order from the Courts Service of Ireland regarding intellectual property rights. It specifically covers actions related to Trade Marks (under the 1996 Act), Copyright (under the 2000 Act), and Industrial Designs (under the 2001 Act).
Risk Radar
- Always ensure you specify *exactly* whether you need Erasure, Forfeiture, or Disposal.
- Selecting the wrong action (e.g., asking for Erasure when you meant Forfeiture).
- Omitting the unique registration number of the IP asset.
- Failing to cite which specific Act (1996, 2000, or 2001) applies to your request.
- Not attaching supporting evidence for the requested order.
Plain English
If you need a court order to officially remove, seize, or sell something tied to your brand, design, or creative work in Ireland, use this form. It tells the Courts Service exactly what action you want them to take on your registered rights.
Submission Date
- The form does not specify a universal deadline, but submission should happen as soon as the event triggering the request occurs. Check specific legislation requirements if your action is time-sensitive.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
Glossary Terms
Hover a term to preview the meaning.
What this form is for
- • You need a formal court order regarding your IP, and this form initiates that request.
- • Use it when you want to officially remove (erase) an existing registration or right.
- • Select this if the action is forfeiture (the item/right is taken away) or disposal (it is sold or otherwise dealt with).
- • It applies specifically to rights covered by the Trade Marks Act 1996, Copyright & Related Rights Act 2000, or Industrial Designs Act 2001.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| General Civil Matter | Not confirmed in official source | If your issue isn't specifically erasure/forfeiture/disposal of the listed IP rights. | Check if it relates to a contract dispute or damages claim. |
| CRO Form (e.g., 12A) | Courts Service related | If you are dealing with company registration details rather than the underlying IP right itself. | Ensure your request is about the *mark/design* and not just the *company holding* it. |
| Copyright Infringement Notice | Not confirmed in official source | If you are sending a simple warning letter before seeking a full court order. | This form starts the formal judicial process. |
| Trade Mark Application Form | 40F.04 (if requesting erasure) | Use this if you are applying for a new mark but simultaneously need to remove an old one. | Note which specific Act applies to your request. |
Deadline or filing window
The form does not specify a universal deadline, but submission should happen as soon as the event triggering the request occurs. Check specific legislation requirements if your action is time-sensitive.
Before you submit
- • All mandatory fields have a clear entry (no blanks).
- • The applicant's full name and address are correct.
- • The IP right owner or party involved is correctly identified.
- • A precise description of *what* is being erased/forfeited/disposed of is provided.
- • Supporting evidence documents are attached (e.g., the registration certificate).
- • The relevant Act (TM, Copyright, ID) has been clearly stated.
How to file this form
- 1Complete all sections of Form 40F.04 thoroughly using black ink or digital entry.
- 2Attach copies of the documents proving your IP right exists (e.g., CRO registration proof).
- 3Determine if you need to file this via the Courts Service online portal or physically at a local court office.
- 4Pay the required filing fee, ensuring you retain the receipt number.
- 5Submit the completed form and attachments according to the specified method.
Known limitations
- • This form only requests an *order*; it does not guarantee the order will be granted.
- • The specific court handling the request is not confirmed in official source; check local listings.
- • It does not cover IP rights governed by other legislation (e.g., Patents Act).
- • Not confirmed in official source: The required supporting documents list might vary based on jurisdiction within Ireland.
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This is the current standard template for requesting an order concerning intellectual property rights from the Courts Service of Ireland. It covers actions across three specific pieces of Irish legislation.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm the exact date of the form version being used.
- • Verify that the listed Acts (1996, 2000, 2001) are still the primary governing statutes for your case.
- • Check if there have been recent updates to the required supporting documentation list.
- • Ensure the specific type of action (Erasure, Forfeiture, or Disposal) is clearly ticked/selected.
- • Review the fee schedule listed on the form against current Courts Service rates.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
40F.04 Order for Erasure / Forfeiture / Disposal: Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001.
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After you file
- • Keep a copy of the submitted form and your filing receipt.
- • Note down the case reference number assigned by the Courts Service.
- • Check online or via correspondence for confirmation that the application is being processed.
- • If no acknowledgment arrives within a reasonable timeframe, follow up with the relevant court office.
Source and verification log
- • Issuing Agency: Courts Service of Ireland (COURTS)
- • Form Number: 40F.04
- • Governing Acts: Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001.
- • Action Types Covered: Erasure / Forfeiture / Disposal.
- • Not confirmed in official source: Specific required court jurisdiction.
Common confusion points
4 things to watch for
- 1
Confusing 'Erasure' (removing it) with 'Disposal' (selling/transferring it).
- 2
Not clearly stating *which* Act applies when the IP covers multiple categories (e.g., a design that is also copyrighted).
- 3
Failing to attach proof of ownership, assuming the Courts Service knows automatically.
- 4
Assuming filing this form means the case is instantly heard; court schedules dictate timing.
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