40F.01  Notice of Application for Order for Delivery up: Trade Marks Act 1996, Copyright & Related Rights Act 2000, Industrial Designs Act 2001.

What this form is for

• • When you need the court to order the return of infringing goods.
• • When you have a pending infringement proceeding under the Trade Marks, Copyright or Industrial Designs Acts.
• • When you want an official record of the items to be seized.
• • If you are seeking an interim order before a full trial.
• • When the other party has not voluntarily surrendered the items.

Use this form or another form?

Deadline or filing window

There is no statutory deadline, but filing promptly after discovery of infringement is advisable to avoid loss or disposal of the items.

Before you submit

• • Applicant name and contact details filled in.
• • Correct IP registration number entered.
• • Accurate description of items, quantity and location.
• • All supporting documents attached.
• • Signed and dated by the applicant or authorised solicitor.
• • Correct filing fee included or payment reference attached.
• • Correct court registry address used.
• • Copy retained for your records.

How to file this form

1. 1Download Form 40F.01 from the Courts Service website or collect a paper copy from the court registry.
2. 2Complete the form using black ink or the online fill‑in option.
3. 3Attach copies of the IP registration certificates and evidence of the infringing items.
4. 4Pay the filing fee (cash, cheque or electronic payment as accepted by the court).
5. 5Submit the form and fee to the court registry by post, in person or via e‑filing.
6. 6Obtain the receipt or acknowledgment from the court.
7. 7Serve a copy of the filed form on the respondent as directed by the court.

Known limitations

• • Form does not cover requests for injunctions; a separate form is required.
• • Only applicable to registered trade marks, copyrights and designs.
• • Electronic filing may not be available in all districts.
• • The form does not include a built‑in fee calculator.