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An appeal to invalidate the Zero Gravity trademark has failed
Highgate Beds group retains the ownership of the Zero Gravity trademark — registered by its Matza & Co business — after a rival's efforts to have the mark invalidated failed.

 

Dewsbury bed outfit Platinum Enterprise (UK) appealed a November 2017 decision that ruled in favour of Matza & Co, which is also based in the West Yorkshire bed making hotspot, citing new evidence to support its bid to have the trademark quashed.


It follows a two-year legal argument stemming back to 2016 when Platinum, known for its Bodyease brand, objected to the Zero Gravity trademark, first registered by Matza & Co back in 2012.


The appeal failed, with professor Ruth Annand deciding in favour of Matza last month.


Simon Clark is a partner at Bristows and one of the UK's leading IP lawyers. He said: "In order to be capable of registration as a trade mark, a word or phrase must not be descriptive of the goods or services for which protection is sought — nor can they be words which other competitors may legitimately wish to use to describe their products or services.


"This case involved a challenge to the phrase 'Zero Gravity' as a registered UK trade mark for foam-based materials for use in relation to mattresses, pillow and furniture. The challenge failed because the key date was the date of filing the trade mark, in July 2012.


"The court was not shown any evidence that the phrase was descriptive or commonly used in the trade in 2012, and the fact that Emirates Airlines used the phrase in 2017, for example, was not evidence of the position as at 2012. The mark was therefore allowed to remain registered."


Platinum Enterprise (UK), which was ordered to pay costs back when the original judgment was made late last year, was told to pay further costs following the June appeal decision.



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