Effective January 1, 2026, the National Institute of Industrial Property (INPI) has adopted the 13th Edition of the Nice Classification. This update applies automatically, aligning Argentine local practice with WIPO global standards without requiring additional administrative acts.
The distinguishing feature of this edition is the transfer of specific goods between classes and the definition of classification criteria for new technologies, which requires a review of historical classifications.
Key Changes and Transfers
Among the most relevant updates for defining protection strategies, the following stand out:
- "Smart" Technology: The rule of classifying by principal function rather than integrated technology is consolidated. Therefore, "smart" goods do not automatically fall into Class 9 (e.g., smart toys belong to Class 28, smart refrigerators to Class 11, and smart suitcases to Class 18).
- Optical Goods: Spectacles, sunglasses, contact lenses, frames, and cases are no longer in Class 9. As of this edition, they are classified in Class 10, recognizing them as medical devices or related accessories.
- Optical Services: These are reorganized by activity. Retail of eyewear falls under Class 35, and repair under Class 37. Only optometry and rental of eyewear remain in Class 44 (medical services).
- Essential Oils: They are no longer exclusively in Class 3. They are now classified according to their specific function:
- Industrial use: Class 1.
- Cosmetic/Perfumery: remains in Class 3.
- Medical use: Class 5.
- Food use: Class 30.
- Apparel: Electrically heated clothing and footwear move from Class 11 to Class 25, merging with general clothing categories.
- Food: Buttercream icing moves from Class 29 to Class 30.
- Safety & Transport: Fire fighting vehicles and fireboats migrate from Class 9 to Class 12.
Impact on Portfolio Management
While granted registrations retain their original classification until expiration, the application of these new criteria is immediate. Therefore, upon renewal or when filing new applications, it is crucial to verify the current location of the goods to ensure proper legal coverage.
