New year, new Nice Classification. Is your brand protection still on point?
Since 1 January 2026, the 13th edition of the Nice Classification (NC13) has officially entered into force. This international classification system of goods and services is of key importance for trademark owners, as it determines how trademarks are classified and examined worldwide. The new edition introduces refinements aimed at better reflecting modern commerce, technological developments, and evolving consumer trends.
What does this mean for you as a trademark owner?
The new edition applies to:
· All new trademark applications filed on or after 1 January 2026 with national, regional, or international trademark offices.
· International applications received by WIPO on or after 1 January 2026 following expiry of the two-month time limit referred to in Article 3(4) of the Madrid Protocol, which requires the office of origin to forward an international application to WIPO within two months of receipt.
Existing trademark registrations with a filing date prior to 1 January 2026 remain unchanged.
Key substantive changes
The 13th NC edition introduces several reclassifications aimed at better reflecting current market practice. Notable changes include:
· Eyewear products (such as eyeglasses and sunglasses) have been reclassified from Class 9 to Class 10.
· Rescue vehicles (such as fire engines and fireboats) have been reclassified from Class 9 to Class 12.
· Electrically heated clothing has been reclassified from Class 11 to Class 25.
Why is this relevant for trademark holders?
As previous and new classifications will continue to coexist, this may affect:
· Search, clearance and watching strategies. Trademarks filed before 2026 will, in principle, remain registered in their original classes. As a result, both the old and new class designations will coexist, making it necessary to search multiple classes for the same type of goods. For example, before adopting a trademark for eyewear, it will now be necessary to conduct searches in both the newly designated Class 10 and the former Class 9, as earlier rights registered in the latter will remain in force. It is therefore
important to remain vigilant when filing new applications and when assessing potentially conflicting trademarks.
· Existing agreements. Existing agreements, such as coexistence agreements, should be carefully reviewed where their scope is not clearly defined. Agreements that refer solely to class numbers, without specifying the relevant goods or services, may become outdated or give rise to uncertainty under the new classification. A targeted review of your trademark-related contracts is therefore recommended.
In addition, the new classification may also affect trademark renewals, depending on the practice of the relevant office. Some offices may require reclassification at renewal, potentially leading to additional fees if new classes are involved. The EUIPO, BOIP and WIPO will not automatically reclassify existing registrations.
Our recommendation
Nice Classification 13 may have a direct impact on how your trademarks are filed, protected and enforced. At IFORI, we support trademark owners with the correct classification of goods and services, assess the impact on existing registrations, and help identify potential risks arising from the coexistence of old and new classifications.
We can also assist with portfolio reviews, contract and coexistence agreement audits, renewal planning, and the adjustment of trademark watching and clearance strategies to reflect the new classification landscape.
Would you like to understand what this update means for your trademark portfolio or upcoming filings? Our IP experts are happy to advise. Contact us to discuss your next steps.
