by Fabio Giacopello
On 1 January 2026, the 13th Edition of the Nice Classification of Goods and Services entered into force. While updates to the Nice Classification are periodic and expected, this round introduces several structural reallocations of goods and services that merit careful attention from trade mark practitioners and portfolio managers.
For legal professionals advising on filing strategy, clearance, enforcement, and contractual risk allocation, the 2026 amendments are not merely terminological adjustments. They may affect scope assessment, conflict analysis, and drafting precision across multiple industries, particularly in healthcare, mobility, wearable technology, cosmetics, and AI-driven services.
Key Structural Reallocations Under the 13th Edition
1. Eyewear Products: From Technology to Healthcare
Corrective spectacles, sunglasses, contact lenses, frames, sunglasses for pets and similar optical goods have moved from Class 9 to Class 10.
The reclassification reflects their medical or healthcare character, aligning them more closely with vision correction and therapeutic function.
However, technology-driven wearable devices such as smart glasses remain in Class 9, preserving the technological categorisation for electronically integrated products.
For hybrid products with dual functionalities, it is advisable to file trademark applications in both Class 9 and Class 10, so as to respectively cover the smart technology interaction features and the vision correction medical attributes.
This approach enables comprehensive protection across the product’s functional scenarios and commercial positioning, and helps avoid potential gaps in protection that may arise from registration in a single class.
2. Emergency and Rescue Vehicles: Functional Reassessment
Emergency and rescue vehicles (fire engines, lifeboats, lifesaving rafts) have been transferred from Class 9 to Class 12.
The shift corrects a long-standing inconsistency. These goods are vehicles by nature, and their prior placement in Class 9 (scientific and safety apparatus) was historically functional but conceptually imprecise.
3. Electrically Heated Clothing: From Heating Apparatus to Apparel
Electrically heated clothing and accessories have moved from Class 11 (heating apparatus) to Class 25 (clothing).
The change reflects a consumer-facing understanding: the primary nature of the goods is apparel, not heating machinery.
4. Personal Care Devices: Medical vs. Household Distinction
Electric toothbrushes and tongue scrapers have moved from Class 10 (medical devices) to Class 21 (household or toiletry utensils).
Eyeglass cloths have moved from Class 9 (eyeglasses) to Class 21.
For enforcement purposes, this may alter the competitive landscape between oral care brands and medical device companies.
5. Essential Oils: Classification Based on Intended Use
Essential oils are now classified according to intended use:
Class 3: cosmetic use
Class 5: medical or therapeutic use
Class 30: food-related use
This functional approach increases precision but introduces evidentiary considerations. The applicant must be clear about the intended commercial positioning of the goods at filing.
6. Optician Services: Commercial vs. Technical Segmentation
Retail-related optician services now fall in Class 35, while repair services move to Class 37. Previously, such services were often placed in Class 44.
This realignment better reflects service typology:
Retail → commercial services (Class 35)
Repair → technical maintenance services (Class 37)
7. Artificial Intelligence as a Service: Formal Recognition
Artificial intelligence as a service (AIaaS) is now explicitly recognised in Class 42.
For technology companies, this reinforces the importance of precise service definitions in Class 42 specifications, particularly where AI intersects with fintech, healthtech, and autonomous systems.
Transitional Rules and Legal Effect
The 13th Edition does not retroactively reclassify existing registrations filed before 1 January 2026. However:
New applications must comply with the updated classification.
Amendments, limitations, and refilings must reflect the new class structure.
Search and enforcement strategies must consider both historical and current classifications.
In practice, this creates a temporary dual-classification environment for affected goods and services.
Strategic Considerations for Trade Mark Professionals
Broader Doctrinal Significance
The 13th Edition reflects an increasing alignment between classification logic and commercial reality. The Nice system, while administrative in nature, indirectly shapes:
Competitive proximity analysis
Consumer perception assessment
Scope drafting strategies
For legal practitioners, classification is no longer a purely formal step in the filing process. It is a structural component of brand architecture and risk management.
As product categories continue to converge (particularly in wearable technology, AI services, and multifunctional consumer goods) future revisions are likely to continue favouring functional and market-based allocation principles.
The 2026 changes therefore mark not just an administrative update, but a reminder: classification strategy is part of substantive trade mark protection.