40F.04 Order for Erasure / Forfeiture / Disposal: Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001.
This Irish government form is a court order request for the erasure, forfeiture, or disposal of intellectual property rights under Irish legislation. It is used when someone needs to formally request the court to remove or transfer ownership of trade marks, copyrights, or industrial designs.
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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 Irish government form is a court order request for the erasure, forfeiture, or disposal of intellectual property rights under Irish legislation. It is used when someone needs to formally request the court to remove or transfer ownership of trade marks, copyrights, or industrial designs.
Risk Radar
- Ensure you correctly identify the specific intellectual property and provide adequate legal justification for the court order.
- Incorrect identification of the intellectual property
- Insufficient evidence supporting the request
- Failure to include all required parties
- Missing deadlines for submission
Plain English
This form helps you ask the Irish court to remove or transfer ownership of intellectual property like brand names, creative works, or product designs. It's a legal document that starts a court process to deal with these property rights.
Submission Date
- There is no standard deadline; submit as soon as you have prepared the complete form with all supporting documentation. Time limits may apply based on when the issue arose.
- 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
- • Use when requesting removal of a registered trade mark
- • Use when seeking forfeiture of copyrighted material
- • Use when requiring disposal of registered industrial designs
- • Use when transferring ownership of intellectual property through court order
- • Do not use for trademark opposition procedures
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Opposing trademark registration | Form 40F.01 | To prevent registration rather than remove existing rights | Check registration status first |
| Copyright infringement claim | Form 40F.02 | For claims of unauthorized use rather than forfeiture | Verify infringement occurred |
| Design right dispute | Form 40F.03 | For disputes over design ownership rather than disposal | Confirm design registration status |
| Patent-related matter | Patent Office forms | For patent issues rather than trade marks/designs/copyright | Check if patent applies |
Deadline or filing window
There is no standard deadline; submit as soon as you have prepared the complete form with all supporting documentation. Time limits may apply based on when the issue arose.
Before you submit
- • Form fully completed with all sections answered
- • Correct fee paid and receipt attached
- • All relevant parties identified
- • Supporting documentation included
- • Form signed by authorized person
- • Copy retained for your records
How to file this form
- 1Obtain the current version of Form 40F.04 from the Courts Service of Ireland
- 2Complete all sections with accurate information about the intellectual property
- 3Prepare supporting documentation justifying your request
- 4Calculate and pay the required court fee
- 5Submit the completed form to the appropriate court office
- 6Ensure all relevant parties are notified of the application
Known limitations
- • This form only applies to intellectual property under Irish legislation
- • Court approval is not guaranteed; the court will assess the merits
- • Legal representation may be required for complex cases
- • The process may take several months to complete
Almost done reviewing?
✦ Open in AI EditorCurrent Form Status
This form is current under Irish legislation but may be subject to updates; verify the latest version on the Courts Service of Ireland website.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Verify current legislation references (Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001)
- • Check for updated fee amounts
- • Confirm required supporting documents
- • Ensure court office addresses are current
- • Verify parties that must be notified
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
- • Wait for court acknowledgment and case number
- • Prepare for potential court hearing
- • Monitor court communications for any requests for additional information
- • Attend any required court proceedings
- • Receive and review the court's decision
Source and verification log
- • Form issued by Courts Service of Ireland
- • Related to Trade Marks Act 1996
- • Related to Copyright & Related Rights Act 2000
- • Related to Industrial Designs Act 2001
- • Specific purpose: erasure/forfeiture/disposal of intellectual property
- • Not confirmed in official source: current processing time
- • Not confirmed in official source: exact fee amount
- • Not confirmed in official source: required supporting documents
Common confusion points
7 things to watch for
- 1
Confusing this form with trademark opposition procedures
- 2
Unclear about which intellectual property rights are covered
- 3
Not understanding the difference between erasure, forfeiture, and disposal
- 4
Uncertain about which court has jurisdiction
- 5
Confusion about required parties to notify
- 6
Difficulty determining appropriate fee amount
- 7
Uncertainty about supporting documentation requirements
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