Summary: The updated 13th edition of the Nice Classification reclassifies goods and services to streamline the trademark application and registration process. Read on about how it impacts applications in India.
The Nice Classification is an international system of classification of goods and services used for filing trademarks. To ensure that the Nice Classification remains updated, a new edition is published every three years, and a new version of each edition is also published annually. This revision is carried out by a Committee of Experts set up under the Nice Agreement and is mandatorily applicable to all member countries.
The 13th edition of Nice Classification (NCL(13-2026)) was published recently, and is set to come into effect from January 1, 2026. This contains several additions, deletions and reclassification of certain goods on the basis of their functionality and sector norms. The exhaustive list is available here: https://www.wipo.int/en/web/classification-nice/w/news/2025/nice-classification-ncl-13-2026-advance-publication-now-available.
Reclassifications brought in by the 13th edition include:
| Items | Class as per 12th edition | Class as per 13th edition |
| Terpenes | Class 3 | Class 1 |
| Eyewear (Items like spectacles, sunglasses, and contact lenses) | Class 9 | Class 10 |
| Tongue Scrapers | Class 10 | Class 21 |
| Nozzles for Water Hoses | Class 21 | Class 17 |
| Electrically Heated Clothing (including electrically heated footmuffs and socks) | Class 11 | Class 25 |
| Buttercream | Class 29 | Class 30 |
| Emergency Vehicles (such as lifeboats, ambulances, life-saving rafts, fire boats and fire engines) | Class 9 | Class 12 |
The objective of these revisions is to develop a clearer classification system by ensuring the classes align with the functions and sectors that the goods or services in question are commonly associated with. This will help applicants, attorneys and Examiners in the trademark registration process.
It is key to note that the changes brought in by the latest edition are not retrospective, and registered/pending applications filed before January 1, 2026, will be assessed as per the 12th edition only. However, trademark holders may consider reevaluating their pending or proposed applications in light of any reclassification of items. Outdated or incorrectly classified items may lead to protection gaps. If an application is affected by the new edition, it may be advisable to file a request at the Trade Marks Registry to update the goods/services such that it forms a part of the relevant revised classes. This will ensure that rights over the goods or services remain protected, and that the change does not dilute rights or create unnecessary ambiguity.
It is hoped that the Trade Marks Registry also offers proactive guidance in handling such requests from applicants across classes, and ensure timely adjudication of such amendment requests. The Registry may also consider issuing a public notice inviting those who are hit by the transfers, applicants and registrants alike, to file amendment requests to address these classification changes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
