British retailer NEXT has failed in its attempt to invalidate trademarks held by Singapore-based sustainability company NEXTEVO, following a legal dispute over the similarity of their respective brand names. The decision was handed down by the Intellectual Property Office of Singapore (IPOS) on September 23.

NEXT Holdings had sought to cancel two trademarks registered by NEXTEVO Holdings in April 2022. These trademarks included a standalone word mark “NEXTEVO” as well as another featuring a leaf design. The British company argued that the “NEXT” element in NEXTEVO’s marks was identical to its own established trademarks, and contended that the “EVO” suffix could be interpreted as an abbreviation for “evolution,” potentially causing consumer confusion.

However, the registrar, principal assistant Pan Mei Lin, determined that the trademarks were not visually, aurally, or conceptually similar. She noted that while “NEXT” is a common English word with a clear meaning, NEXTEVO is an invented term unfamiliar to the public. The addition of “evo,” even if seen to suggest “evolution,” substantially changes the concept behind the mark, distancing it from NEXT’s brand identity.

The registrar further described the debate over the meaning of “evo” as a “red herring,” emphasizing that trademark evaluations must consider the marks as holistic entities, not by dissecting components in isolation. She concluded it would be “contrived” to treat “NEXT” as the dominant element in NEXTEVO’s mark.

NEXT also alleged that NEXTEVO acted in bad faith by registering the trademarks despite knowledge of NEXT’s earlier marks, suggesting the move was intended to take advantage of NEXT’s goodwill and reputation. The registrar rejected these claims, finding no evidence of bad faith or a likelihood of confusion among consumers. She noted that NEXTEVO’s trademarks, including those registered for classes covering fibres, yarns, and textiles, were distinctive when viewed as complete marks.

The two companies operate in different segments of the fashion and textile industry. NEXT, established in 1864, has approximately 450 stores in the United Kingdom and over 180 franchised locations worldwide, as well as an e-commerce presence that includes the Singapore market. In contrast, NEXTEVO specializes in creating environmentally friendly materials by processing agricultural waste such as pineapple leaves and coconut husks. Its products serve as inputs for fashion brands and textile manufacturers rather than finished consumer goods, with operations spanning Singapore, Indonesia, and Thailand.

Following the ruling, NEXT’s applications for invalidation were dismissed in full. The retailer was ordered to pay NEXTEVO S$14,450 in costs, including disbursements. The decision leaves NEXTEVO’s trademarks fully registered and in force.