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Nice Classification Update: Key Changes effecting new trade mark applications filed from 1 January 2026
Effective 1 January 2026, the 13th Edition of the Nice Classification (NCL 13‑2026) will come into force. This update brings significant reclassifications of goods and services compared to the current 12‑2023 Edition. These changes may affect how your future trade mark applications are filed and how your existing portfolios should be monitored.
This article outlines the key amendments and the practical steps you may need to consider.
Overview of the Changes
Nice Edition 13 introduces major structural reclassifications, particularly in the fields of eyewear, optical services, emergency vehicles, heated clothing, and essential oils. These changes alter the classes under which these goods and associated services will be examined for new applications.
Importantly, existing trade mark registrations will not be reclassified, meaning older and newer filings will co‑exist across different classes for the same types of goods.
Therefore, register searches should include ‘old’ classes where goods and services terms in earlier editions were/are classified in, AND the 'new' classes goods and services are classified in as of 1 January 2026. And also, be careful in filing new trade mark applications to ensure you have selected the correct and sufficient classes to cover all relevant goods or services.
Examples are listed below.
Key Goods and Services Reclassifications
1. Eyewear and Optical Goods
- From 1 January 2026: Most eyewear (spectacles, sunglasses, corrective lenses, frames, cases, accessories) will move from Class 9 → Class 10, aligning these items with medical and therapeutic devices.
- Exceptions:
– Smart glasses remain in Class 9 as electronic goods.
– Optical instruments such as magnifying glasses and telescopes remain in Class 9.
2. Rescue and Emergency Vehicles
- Fire engines, fireboats, lifeboats, and similar rescue vehicles move from Class 9 → Class 12, consolidating all vehicles into a single class.
3. Electrically Heated Clothing
- Electrically heated garments, socks, and certain footmuffs move from Class 11 → Class 25, reflecting their primary identity as clothing.
4. Essential Oils
Under Edition 13, essential oils will be classified according to intended use, resulting in redistribution across:
- Class 3 – cosmetic uses
- Class 5 – medical or therapeutic uses
- Class 30 – culinary uses
5. Optical Services
These changes are intended to better distinguish medical‑professional services from commercial and technical activities:
- “Optician services” will be removed from Class 44.
- Remaining in Class 44: optometry and rental of eyeglasses (both prescription and sunglasses).
- Moving to Class 37: repair and maintenance of glasses.
- Consolidated under Class 35: retail services for optical goods.
Trade Mark Examination Offices may now consider ‘optician services’ too vague, as the wording may describe any of these services.
The IPONZ table of changes is here for your convenience.
Practical Implications for Rights Holders
These changes affect the following:
1. New Applications Filed From 1 January 2026
- All new filings must use NCL 13‑2026 classifications.
- Incorrect or outdated classes may lead to objections, delays, or additional costs during examination.
2. Existing Portfolios
- Registrations filed before 2026 will remain in their original classes.
- For affected categories (for example eyewear and rescue vehicles), you may need to audit portfolio coverage to check whether additional filings are warranted in the new classes.
3. Searching and Watching
- Because older marks remain in their former classes, clearance searching for affected goods and services will have to cover both old and new classes.
- Similarly, trade mark watching services should be updated to monitor both classes to avoid blind spots.
4. Contracts & Agreements
- Agreements referencing specific Nice classes (e.g., licences, coexistence agreements) may need review to ensure class designations remain correct.
Recommended Actions
We recommend the following steps:
- Review upcoming filings schedule for 2026 to ensure they are correctly drafted for NCL 13‑2026.
- Conduct a portfolio audit for marks covering eyewear, medical devices, rescue vehicles, heated clothing, or essential oils.
- Update clearance search protocols to include both historical and new classes for transitioning goods.
- Adjust trade mark watch services to ensure all relevant classes are monitored.
- Review existing agreements that refer to Nice classes to determine if amendments are required.
How We Can Assist
Our team can support you with an “IP Health-check” to review:
- Portfolio audits and conduct risk assessments
- Applying for conversion of existing trade mark registrations, nominating new classes (if needed), and/or filing new applications.
- Filing strategy adjustments ahead of the 2026 changes
- Clearance searches using dual‑class analysis
- Updating your watching services to avoid coverage gaps
- Amending agreements to align class references with the new framework
If you would like tailored advice on how these changes affect your brands or services, please contact us.
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Tanya Carter - January 2026
