‘Black Zebra’ drink faces deregistration over name dispute

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The registrar of trademarks has ordered the deregistration of the ‘Black Zebra’ trademark over a conflict with Zebra Gin, an existing brand.

Both Black Zebra and Zebra Gin have a picture of a zebra on their branded products.

Assistant registrar of trademarks, Lynette Kakunda, observes that the average purchaser of alcoholic beverages may not exercise a high level of attentiveness when distinguishing between products, particularly in environments such as nightclubs, bars, lounges, restaurants, retail shops, liquor stores, or supermarkets, where choices are often made quickly.”

The order followed a legal dispute that has emerged between two Ugandan companies over the trademark “Black Zebra between Four Star Beverages Ltd and Prime Care International Limited.

Through its lawyers Richard Agaba and Dorothy Bishagenda from Birungyi Barata & Associates, Four Star Beverages Ltd filed an application seeking the cancellation of trademarks registered by Prime Care International Ltd, arguing that the labels are likely to mislead consumers and dilute the reputation of its established brand.

The contested trademarks, numbers 68855 and 68856, were registered by Prime Care in June 2021 under class 33, which covers alcoholic beverages.

“Having established that the respondent’s trademarks Black Zebra number 68855 and 68856 are confusingly similar to the applicant’s prior registered mark Four Star Zebra number UG/T/2014/049445 and thus wrongly remain on the register, the applicant’s request for rectification by way of cancellation succeeds. Accordingly, the register is hereby asked to rectify by removal.

In a ruling delivered on September 12, 2025, the registrar held that the trademark ‘Black Zebra’ was confusingly similar to Four Star’s ‘Zebra Gin’ marks and directed that it be removed from the Register of Companies.

Response to application

In response to an application seeking the cancellation of the “Black Zebra” trademarks, the lawyers Angela Kobel and Patricia Auma from Kiiza and Kwanza Advocates argued that the marks are not confusingly similar to those owned by Four Star Beverages Ltd.

The company submitted that under Section 4 of the Trademarks Act, a mark is registrable only if it can distinguish the goods or services of one entity from another. They argued that the visual representations of the zebras in the competing trademarks are sufficiently distinct and would not mislead consumers.

The lawyers had further noted that the average consumer, when viewing the two marks, would be able to differentiate the products without confusion, citing the average consumer test. They added that Four Star cannot rely on reputation in its claim, since such a position would amount to seeking protection as a “well-known mark” without meeting the statutory requirements for that status.

Black Zebra also maintained that the word “Zebra” is a common term and cannot be monopolised or serve as a unique identifier for Four Star’s goods.