Official form guide
Form 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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Form Overview
Courts Service of Ireland - Form 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
Scan points- 1Always ensure you specify *exactly* whether you need Erasure, Forfeiture, or Disposal.
- 2Selecting the wrong action (e.g., asking for Erasure when you meant Forfeiture).
- 3Omitting the unique registration number of the IP asset.
- 4Failing to cite which specific Act (1996, 2000, or 2001) applies to your request.
- 5Not 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
- Filing 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.
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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.
Form selector
Use this form or another form?
General Civil Matter
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)
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
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
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
- 1All mandatory fields have a clear entry (no blanks).
- 2The applicant's full name and address are correct.
- 3The IP right owner or party involved is correctly identified.
- 4A precise description of *what* is being erased/forfeited/disposed of is provided.
- 5Supporting evidence documents are attached (e.g., the registration certificate).
- 6The 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
- 1This form only requests an *order*; it does not guarantee the order will be granted.
- 2The specific court handling the request is not confirmed in official source; check local listings.
- 3It does not cover IP rights governed by other legislation (e.g., Patents Act).
- 4Not confirmed in official source: The required supporting documents list might vary based on jurisdiction within Ireland.
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->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.
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
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCIssuing Agency: Courts Service of Ireland (COURTS)
- SRCForm Number: 40F.04
- SRCGoverning Acts: Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001.
- SRCAction Types Covered: Erasure / Forfeiture / Disposal.
- SRCNot confirmed in official source: Specific required court jurisdiction.
Common confusion points
Confusing 'Erasure' (removing it) with 'Disposal' (selling/transferring it).
Not clearly stating *which* Act applies when the IP covers multiple categories (e.g., a design that is also copyrighted).
Failing to attach proof of ownership, assuming the Courts Service knows automatically.
Assuming filing this form means the case is instantly heard; court schedules dictate timing.
Source transparency
Copyright & Licensing — Irish Government Forms
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