The Nice Classification, established in 1957 and managed by the World Intellectual Property Organisation (WIPO), divides goods and services for trade mark specifications into 45 classes. It is an essential tool and is periodically updated to reflect changes in the marketplace and technological advancements. A new edition is coming into effect in January 2026, bringing several important changes that trade mark owners and businesses should be aware of.
Key Changes Coming in January 2026
The 2026 update will:
- introduce new goods and services, reflecting the emergence of new technologies, industries, and consumer habits, such as artificial intelligence applications, sustainability solutions, and digital assets;
- revise existing class headings, for increased clarity;
- delete or merge outdated terms; and
- reallocate some goods or services between classes to better reflect trade practices and industry standards, impacting how applicants classify their products and services.
With regard to the last point, some of the significant changes are:
- eyewear products – move from Class 9 to Class 10 (although note smart glasses remain in Class 9 as they are an electrical product);
- emergency and rescue vehicles – move from Class 9 to Class 12;
- electric toothbrushes – move from Class 10 to Class 21;
- electronically heated clothing and accessories – move from Class 11 to Class 25;
- optician services – removed from Class 44 and retail related services move to Class 35, with repair services in Class 37; and
- essential oils – will be classified according to intended use, so Class 3 for cosmetic applications, Class 5 for medical or therapeutic purposes and Class 30 for food use.
Preparing for the 2026 Update
It is strongly recommended that trade mark owners review their portfolios and pending applications to ensure compliance with the latest classification. Further, applications filed on or after January 2026 will need to use the updated terminology. Whilst existing registrations are not retroactively reclassified, future renewals or modifications may be required to ensure accurate protection.
For individuals and businesses launching new products or services, early awareness of classification changes helps avoid delays and complications in the trade mark registration process.
It is also worth reviewing existing co-existence and consent agreements to ensure that they relate to specific goods and services, rather than the Classes themselves, as this may cause confusion should there be changes to the relevant classes over time.
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.
