The 13th edition of the Nice Classification came into effect on 1 January 2026. The Nice Classification is used by a vast number of countries around the world to classify goods and services when new trade mark applications are filed.
Usually, when a new edition of the Nice Classification comes into effect the changes consist of minor amendments to the terms in the alphabetical list, along with new terms being introduced for the first time to reflect the evolution of certain industries.
The 13th edition introduces a number of changes, including the movement of some terms from one class to another. The movement of terms between classes are some of the most significant changes we have seen in the Nice Classification in several years.
Key changes
New additions
As usual, the alphabetical list has been updated to include new terms not previously included in the Nice Classification. Unsurprisingly, the rapid development of AI and smart technology is dealt with by some of the new additions, and other additions suggest a focus on wellness and the environment which reflect recent trends in goods on the market. Some of our favourite new additions include:
- Robotic window clearers in class 7
- Virtual mirrors in class 9
- NFC tags in class 9
- Smart walking sticks for the visually impaired in class 10
- Refillable soap dispensers (class 6 or class 20 depending on the material they are made of)
- Various yoga goods such as pillows, cushions and bolsters in class 20, yoga gloves in class 20 and bags for yoga mats in class 27. We also see the introduction of meditation mats in class 37
- Arranging subscriptions to multimedia content for others in class 35
- Providing smash rooms and rage rooms for entertainment purposes in class 41
- Artificial intelligence as a service (AIaaS) in class 42
If you are a pet lover, you might also be pleased to learn that life jackets for pets (class 9) and sunglasses for pets (class 10) are also new additions this year.
Changes in class
A number of terms have been moved from one class to another, the intention behind the moves are said to be driven by the functional attributes of the goods and aim to make the classification more logical. The most notable changes are as follows:
- Optical goods, including glasses, sunglasses and associated accessories such as frames and cases have been moved from class 9 to class 10.
- Emergency and rescue vehicles, including lifeboats and evacuation chairs, have been moved from class 9 to class 12.
- Electrically heated clothing is now classified by its purpose as clothing rather than the characteristic that it is heated, and has therefore moved from class 11 to class 25.
- Essential oils are no longer exclusive to class 3, instead they will be classified depending on their use, meaning they could fall in classes 1, 3,5 or 10 depending on the purpose of the essential oil in question.
These changes came into effect on 1 January 2026 and apply to all new applications filed in any country which uses the Nice Classification on or after that date. Be careful if filing a new International application at WIPO after 1 January 2026 based on an underlying registration filed prior to this date as WIPO will assess the classification as of the date you file the application at WIPO. This might leave you in the position where the underlying registration was properly classified under the 12th edition, but WIPO requires the International application to be classified in line with the 13th edition.
What should trade mark owners do?
If you have interests in any of the goods which have moved classes and you have already filed trade mark applications, your existing rights will continue to provide protection and you do not need to refile. There are a few steps you may need to consider as an existing rights holder:
- When clearing a new mark in relation to goods which have moved classes, you will likely need to cover both the old and the new class when conducting searches.
- If you have a watching service in place, you are likely to need to expand your watch to cover both the old and the new class.
- If new applications are being considered, you should carefully check the Nice Classification to check if the goods of interest to you have moved classes, don’t assume that the classes you have covered in the past will continue to be sufficient.
