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Navigating the 13th Edition of the WIPO Nice Classification
What Trademark Practitioners Need to Know
Significant changes to how goods and services are classified for trademark registration took effect on January 1, 2026. The 13th Edition of the WIPO (World Intellectual Property Organization) Nice Classification System introduces important updates that trademark practitioners and brand owners should understand.
What is the Nice Classification System?
When filing a trademark application, an applicant must specify the goods or services for which protection is sought. The Nice Classification System provides a standardized framework for categorizing goods and services internationally, ensuring consistency in trademark registration and search procedures across countries.
Important Changes to the Nice Classification System
Recent updates have real implications for trademark search, clearance and monitoring strategies — as well as the long-term management of existing portfolios.
Key Classification Changes
Several goods and services are being transferred to new classes, including:
- eyewear & lenses (moving from Class 09 to Class 10),
- rescue vehicles (moving from Class 09 to Class 12), and
- heated clothing (moving from Class 11 to Class 25).
Essential oils previously fell under Class 3 regardless of their intended use, but have now been divided:
- Class 30 for food,
- Class 5 for medical, and
- Class 3 for cosmetic.
Optician services also are affected by these changes:
- retail-related services will fall under Class 35 and
- repair services will belong to Class 37, having previously been in Class 44.
Why Dual-Class Searching is Imperative
One of the most significant implications of the update is the need for dual-class searching. Here's why: trademarks filed before 2026 remain in their original class, while trademarks filed after 2026 will appear in the new class. This means a comprehensive clearance search for affected goods must include both the old and new classes to avoid missed conflicts.
Practical Recommendations
- Clearance searches for eyewear should cover both Class 09 and 10, searches for rescue vehicles should cover both Class 09 and 12, and searches for heated apparel should cover both Class 11 and 25.
- For essential oils, searches should cover Class 3 for pre-2026 marks, and Classes 3, 5, or 30 (depending on cosmetic, medical, or food use) for marks filed in 2026 and beyond.
- For optician services, searches should cover Class 44 for pre-2026 marks, and Classes 35 and 37 (depending on whether the services are retail or repair-related) for marks filed in 2026 and beyond.
Impact on Trademark Monitoring
Dual-class monitoring is essential to ensure complete protection. Legacy marks stay assigned to their original class, so relying only on the updated class could leave gaps in infringement detection. We recommend updating trademark watch services to include both classes for goods that are shifting.
Need assistance adapting your trademark strategy to the new classification system? Contact our team for guidance on clearance searches, portfolio reviews and monitoring protocols.
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Disclaimer: This alert has been prepared by Eastman & Smith Ltd. for informational purposes only and should not be considered legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney/client relationship.