Kingsgate Hotel Group Ltd v Millennium & Copthorne International Limited

Kingsgate Hotel Group Ltd (the applicant) opposed the trade mark application of Millennium & Copthorne International Limited (the opponent) for the mark "Kingsgate Hotel Melbourne". The dispute concerned the opponent's alleged use of the trade mark in Australia. The decision was made by Bianca Irgang.

The court was required to determine whether the opponent had established grounds for opposing the registration of the trade mark. Specifically, the court considered the ground of opposition under section 58A of the relevant Act, which likely relates to the use of a trade mark in Australia.

The court found that the opponent had met the onus of proof regarding the ground of opposition under section 58A. The reasoning involved an assessment of the evidence presented by the opponent concerning its use of the "Kingsgate Hotel Melbourne" brand. This included evidence of the hotel's purchase in September 2000, subsequent investment in capital works and marketing, and various promotional activities and online presence. The court noted that some of the evidence, such as website statistics, commenced after the priority date of the opposed application and was therefore not directly relevant.

The court refused to register the trade mark application. Costs were awarded against the unsuccessful applicant, Millennium & Copthorne International Limited, according to the official scale.