Trademarks and Classification: What’s Changing in 2026

The early version of the 13th edition of the Nice Classification (NCL 13-2026) has been published by WIPO. It outlines the changes scheduled to take effect across the various classes of goods and services starting January 1, 2026.

These changes should not be taken lightly: they could directly impact filing strategies as well as the protection of already registered trademarks.

Established in 1957 under the Nice Agreement, the Nice Classification is an international classification of goods and services for the purposes of trademark registration. It is an essential tool for anyone registering or managing a trademark.

In practical terms, this classification divides goods and services into 45 classes: 34 for goods and 11 for services. Thanks to this shared system, intellectual property offices and professionals around the world use a common classification base. As a result, the trademark filing process is standardized, clearly defining the areas in which a trademark is protected.

For example, if someone wishes to protect a trademark for clothing, they must select Class 25, which covers “clothing.”

What’s Changing?

The 13th edition of the Nice Classification introduces several significant changes across both goods and services classes.

Here are the main updates to keep in mind:

• Optical products are being moved from Class 9 to Class 10, to reflect their medical and therapeutic use. However, smart glasses remain in Class 9, as they are considered electronic and tech products.

• Emergency and rescue vehicles are being reclassified from Class 9 to Class 12, now falling under the broader category of vehicles.

• Certain personal care products, such as electric toothbrushes, are shifting from Class 10 to Class 21.

• Electrically heated clothing and accessories are moving from Class 11 to Class 25, due to their nature as garments.

• Optician services are also affected: retail-related services will fall under Class 35, while repair services will belong to Class 37.

• Lastly, essential oils will be classified based on their intended use:

– Cosmetic use → Class 3

– Medical use → Class 5

– Food use → Class 30

What Are the Consequences?

Trademark applications filed before January 1, 2026 will be examined under the current classification. After this date, the new classification will apply.

This shift should not be underestimated and should be anticipated in advance. The new classification could lead to reclassifications in applications, potential increases in renewal fees, and changes in class targeting during clearance or prior rights searches.

For owners of registered trademarks, it is highly recommended to conduct an audit of your portfolio to identify trademarks affected by these classification changes and update filings to ensure your rights remain fully protected. Misclassified goods or services can have a direct impact on the scope of your trademark rights.

Stay ahead of the changes. is ready to help you review and strengthen your trademark assets.

– Julie DREVET, legal intern at Mark & Law