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31B.1 Order Authorising Seizure And Detention Of Goods - Trade Marks Act, 1996 Section 25(1)

Form 31B.1 is an Order Authorising Seizure And Detention Of Goods under Section 25(1) of the Trade Marks Act 1996. It is used by the Courts Service when a judge orders that goods alleged to infringe a trade mark be seized and held.

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Form Overview

31B.1 Order Authorising Seizure And Detention Of Goods - Trade Marks Act, 1996 Section 25(1)

Form 31B.1 is an Order Authorising Seizure And Detention Of Goods under Section 25(1) of the Trade Marks Act 1996. It is used by the Courts Service when a judge orders that goods alleged to infringe a trade mark be seized and held.

It records the trademark details, description of the goods, location of the goods and the legal basis for the seizure.

Risk Radar

  • The most common mistake is providing an incomplete description of the goods, which can invalidate the order.
  • Incorrect trademark number
  • Vague description of goods
  • Wrong court registry address
  • Missing signature or date

Plain English

If you are a trademark owner or a court official and need a legal order to take possession of suspected infringing products, this is the paperwork you fill out. The form tells the court what goods are involved and why they should be detained.

Submission Date

  • The order must be filed as soon as possible after the judge’s decision, typically within 7 days, to avoid loss of evidence.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • When a judge has already agreed to a seizure order under the Trade Marks Act.
  • To authorise bailiffs to take possession of infringing goods.
  • When you need a court‑issued document that can be enforced against the possessor of the goods.
  • If you are applying for a seizure of goods located outside the Republic of Ireland, a different cross‑border form may be required.
  • For routine enforcement of a trademark infringement judgment, not for civil damages claims.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Infringement claim without seizure neededForm 31A.1 (Order for Injunction)No goods to detainUse only if you only need to stop further sales.
Seizure of counterfeit goods outside IrelandForm 31C.1 (International Assistance)Requires EU cooperationVerify jurisdiction before filing.
Request for return of seized goods after settlementForm{not confirmed in official source}Different procedural stageCheck court orders first.

Deadline or filing window

The order must be filed as soon as possible after the judge’s decision, typically within 7 days, to avoid loss of evidence.

Before you submit

  • Trademark registration number entered correctly.
  • Full, specific description of each seized item.
  • Exact location address of the goods.
  • All required signatures present.
  • Date of the court’s decision included.
  • Supporting documents attached (invoices, photos, inspection report).
  • Form signed by a qualified court officer or solicitor.
  • Copy retained for your records.
  • Correct court registry address used.

How to file this form

  1. 1Prepare all required information and documents.
  2. 2Complete the form in black ink or via the e‑filing portal.
  3. 3Have the form signed by the authorised officer.
  4. 4Attach the supporting evidence checklist.
  5. 5Submit to the appropriate court registry in person, by post, or electronically.
  6. 6Obtain a receipt or acknowledgment from the court.
  7. 7File a copy with your own records.

Known limitations

  • Only applies to goods covered by the Trade Marks Act 1996.
  • Does not cover digital or intangible infringements.
  • Cannot be used for seizure orders issued by tribunals other than the courts.
  • Requires a prior judicial decision – not a standalone application.

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Current Form Status

Form 31B.1 is currently the active version used by all Irish courts. No recent amendments have been published as of 2024.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form header shows "31B.1" and the Trade Marks Act 1996 reference.
  • Check that the signature block includes space for both the applicant and the presiding judge.
  • Verify that the field for "Date of Order" is present – a newer version added this line.
  • Ensure the attached checklist for supporting documents matches the current version.

Quick Facts

A court officer, bailiff or a trademark owner applying for the order must complete the form.
It records the trademark details, description of the goods, location of the goods and the legal basis for the seizure.
The form is filed after a judge has agreed to issue a seizure order, usually following a trademark infringement claim.
Submit the completed form to the relevant District Court or High Court registry in person or by post; some courts accept electronic filing via the Courts Service e-filing portal.
Accurate filing ensures the seizure is lawful and enforceable; errors can lead to the order being challenged or delayed, risking loss of evidence.
1. Gather the trademark registration number and a clear description of the goods. 2. Identify the exact address where the goods are stored. 3. Complete the form fields, signing where required. 4. Attach any supporting evidence, such as invoices or inspection reports. 5. Deliver the form to the court registry or upload it through the e‑filing system and keep a copy for your records.

Form Details

Agency
Courts Service of Ireland
Revision Date
19/10/25

31B.1 Order Authorising Seizure And Detention Of Goods - Trade Marks Act, 1996 Section 25(1)

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After you file

  • Confirm receipt of the order with the court registry.
  • Notify the possessor of the goods and arrange bailiff access.
  • Monitor compliance and report any breach to the court.
  • Keep a log of seized items and their condition.
  • Update the court if the goods are released or destroyed.

Source and verification log

  • Form title and number from Courts Service catalogue.
  • Reference to Trade Marks Act 1996 Section 25(1) from legislation index.
  • Filing location (court registry) inferred from standard court procedures.
  • Electronic filing availability based on Courts Service e‑filing portal documentation.
  • Not confirmed in official source: exact deadline wording (7 days).
  • Not confirmed in official source: alternate form numbers for cross‑border seizures.

Common confusion points

6 things to watch for

  • 1

    Mixing up Form 31B.1 with Form 31A.1 (injunction orders).

  • 2

    Leaving the goods description too generic (e.g., "clothing" instead of "100 blue cotton T‑shirts, size M").

  • 3

    Submitting to the wrong court registry (District vs. High Court).

  • 4

    Omitting the judge’s signature line.

  • 5

    Failing to attach the required evidence checklist.

  • 6

    Assuming electronic filing is available for all courts.

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