News
Uganda court registrar dismisses case on energy drink trademarks
In a ruling delivered on June 23, 2026, Assistant Registrar of Trademarks Lynette Kukunda Africa dismissed an application filed by Power Horse Energy Drinks GmbH, which sought to remove trademark registrations UG/T/2016/055988 and UG/T/2016/055989 for “Red Horse” in Class 32.
Uganda court registrar dismisses case on energy drink trademarks
By: Barbra Kabahumuza, Journalist @New Vision
_________________
The Assistant Registrar of Trademarks has dismissed an application seeking to cancel San Miguel Brewing International Limited’s registered Red Horse trademarks in Uganda, ruling that they are not confusingly similar to Power Horse energy drink trademarks.
In a ruling delivered on June 23, 2026, Assistant Registrar of Trademarks Lynette Kukunda Africa dismissed an application filed by Power Horse Energy Drinks GmbH, which sought to remove trademark registrations UG/T/2016/055988 and UG/T/2016/055989 for “Red Horse” in Class 32.
Power Horse argued that San Miguel’s mark was likely to deceive consumers because both trademarks use the word “Horse” and relate to beverages covered under the same trademark class.
However, Kukunda held that the two marks create different visual, conceptual and commercial impressions.
“The marks in issue, when considered as a whole and through the eyes of the average consumer, are distinguishable visually, conceptually and in their overall commercial impression,” she stated.
According to the ruling, the Power Horse mark features a rearing black horse associated with energy, motion and vitality, while the Red Horse mark consists of a horseshoe and horse-head design conveying stability and strength.
The Registrar also rejected Power Horse’s claim that the trademarks had been registered in error after it applied for an extension of time to oppose the registration.
She found that although an application for extension of time had been filed, no extension was granted by the Registrar, making the subsequent notice of opposition invalid.
“An extension of time must first be granted before any subsequent action, such as the filing of a Notice of Opposition, can be validly undertaken.”
“The marks in issue, when considered as a whole and through the eyes of the average consumer, are distinguishable visually, conceptually and in their overall commercial impression,” she stated.
According to the ruling, the Power Horse mark features a rearing black horse associated with energy, motion and vitality, while the Red Horse mark consists of a horseshoe and horse-head design conveying stability and strength.
The Registrar also rejected Power Horse’s claim that the trademarks had been registered in error after it applied for an extension of time to oppose the registration.
She found that although an application for extension of time had been filed, no extension was granted by the Registrar, making the subsequent notice of opposition invalid.
“An extension of time must first be granted before any subsequent action, such as the filing of a Notice of Opposition, can be validly undertaken.”
Kukunda further observed that while both trademarks fall under Class 32, the businesses predominantly deal in different products: Power Horse markets energy drinks, while Red Horse is associated with beer products.
She said the products differ in composition, purpose and consumer expectations, noting that energy drinks are purchased to boost energy and performance, whereas beer is generally consumed for leisure and social enjoyment.
The Registrar also considered evidence that both trademarks coexist in several countries, including the United Kingdom, the United States, Australia, Germany, Switzerland, Japan, Malaysia and the Philippines.
Although foreign registrations are not binding on Uganda, she said they were persuasive evidence that the marks are capable of coexisting without causing consumer confusion.
Consequently, the application for cancellation was dismissed, and the Red Horse trademarks will remain on Uganda’s trademark register.
Kukunda ordered each party to bear its own.
She said the products differ in composition, purpose and consumer expectations, noting that energy drinks are purchased to boost energy and performance, whereas beer is generally consumed for leisure and social enjoyment.
The Registrar also considered evidence that both trademarks coexist in several countries, including the United Kingdom, the United States, Australia, Germany, Switzerland, Japan, Malaysia and the Philippines.
Although foreign registrations are not binding on Uganda, she said they were persuasive evidence that the marks are capable of coexisting without causing consumer confusion.
Consequently, the application for cancellation was dismissed, and the Red Horse trademarks will remain on Uganda’s trademark register.
Kukunda ordered each party to bear its own.