Nice Classification 2026: What Brand Owners Need to Know

The 13th Edition of the Nice Classification came into force at the beginning of 2026, introducing a number of changes to the classification of goods and services used in trade mark applications worldwide. The changes apply to new trade mark applications filed from that date, including UK, EU and international (Madrid Protocol) filings. Existing registrations generally remain recorded under their original classifications.

What is changing?

While many of the amendments are administrative, several involve the reclassification of commonly used goods. Notable examples include:

• Corrective glasses, sunglasses and contact lenses moving from Class 9 to Class 10;

• Fire engines, fire boats and lifeboats moving from Class 9 to Class 12;

• Electrically heated clothing moving from Class 11 to Class 25;

• Essential oils being classified according to their intended purpose, rather than automatically falling into a single class;

• New and updated terminology to reflect modern technologies and commercial practices, including the addition of terms such as "Artificial Intelligence as a Service (AIaaS)" in Class 42.

These changes form part of WIPO’s ongoing efforts to ensure that the classification system keeps pace with technological developments and evolving markets.

Impact on existing trade mark owners

The good news is that existing registrations are not automatically reclassified; remain recorded in their original classes and are not reclassified on renewal.

Trade mark applications filed before 1 January 2026 also remain subject to the previous classification system, and any resulting registrations continue to protect the goods and services covered by their specifications, even if those goods would now fall into a different class.

However, brand owners should be aware that discrepancies may arise when comparing older registrations with newer applications. This could have implications when conducting clearance searches, assessing infringement risks, preparing enforcement actions or managing international portfolios. A registration covering eyewear in Class 9, for example, may need to be considered alongside newer filings for equivalent goods in Class 10.

Impact on new applicants

For businesses filing new trade mark applications, specification drafting becomes even more important. Applications filed using outdated classifications may face objections and/or require amendment before proceeding to registration.

The changes also highlight the importance of reviewing filing strategies, particularly for businesses operating in sectors affected by the reclassifications, such as eyewear, wearable technology, healthcare products, consumer electronics and AI-related services.

Practical takeaways

Brand owners should consider:

• Reviewing upcoming trade mark filing programmes to ensure goods and services are classified correctly under the new edition of the Nice Classification.

• Updating template specifications and internal filing guidance.

• Taking a broader approach to clearance searching and enforcement where relevant goods may now appear in different classes.

Looking ahead

Although the Nice Classification changes do not alter the substantive rights conferred by a trade mark registration, they can significantly affect filing strategy, portfolio management and clearance exercises. Businesses planning new applications in 2026 and beyond should ensure that their specifications reflect the latest classification requirements to avoid unnecessary complications and to secure the broadest appropriate protection for their brands.

If you would like to discuss how the 2026 Nice Classification changes may affect your trade mark portfolio or future filing strategy, our trade mark team would be happy to help.

References

1. WIPO Nice Classification (13th Edition, Version 2026) (https://nclpub.wipo.int/enfr/pdf-download.pdf?lang=en&tab=class_headings&dateInForce=20260101);

2. EUIPO guidance on Nice 13 (https://www.euipo.europa.eu/en/news/new-edition-of-the-nice-classification);

3. CITMA guidance on the 2026 classification changes (https://www.citma.org.uk/resources/important-changes-to-the-nice-classification-system-mb26.html); and

4. WIPO Madrid Information Notice No. 37/2025 (https://www.wipo.int/documents/d/madrid-system/information-notices-en-2025-madrid_2025_37_e.pdf).