The adoption of the 13th Edition of the Nice Classification, the international system for categorising goods and services for trade mark purposes, introduces a number of structural reclassifications for new trade mark applications. This edition seeks to better reflect modern commerce, emerging technologies and functional distinctions between goods and services.
A look at some of the key reclassification is outlined below.
- All ordinary eyewear (glasses, sunglasses, contact lenses) will now be classified under Class 10 (medical apparatus and articles). This reclassification draws a clear distinction between conventional eyewear and smart eyewear, the latter of which remains in class 09.
- Essential oils are no longer classified together in a single class; instead, their classification now depends on their intended use. For example, essential oils intended for cosmetic or fragrance purposes remain in class 03, whereas those used for culinary or flavouring purposes are now reclassified under class 30 (foodstuffs). This distinction resolves any long-standing ambiguity.
- Emergency & rescue vehicles will now be classified under Class 12 (vehicles and apparatus) to unify all vehicles such as land, air and sea in a single class.
- Items such as heated garments, socks, gloves and non-protective heated apparel will now be classified in class 25 (clothing), reflecting their primary function as wearable garments rather than electrical devices.
- A number of yoga apparatus are now reclassified to reflect their specific nature and respective functions such as yoga cushions, yoga gloves, yoga mats and yoga blocks.
- With the growth of AI-driven business, AI as a service is now formally recognised under class 42.
However, it is important to remember that all existing trade mark registrations prior to 1 January 2026 will remain unaffected, with the new edition of classes applying only to trade mark applications filed thereafter. As was the case with previous changes to the Nice classification, trade marks in the “incorrect” classes under the new classification will need to be reclassified upon renewal although it is open to brand owners to apply for reclassification of goods at any time of their own volition.
Overall, the 13th edition introduces a more functional, technology aligned system, providing greater clarity and consistency in the classification of goods and services.
For further information or assistance, contact our Intellectual Property specialists at info@kisch-ip.com