Key changes to the Nice Classification 2026
WIPO has made changes to the classification to better reflect modern developments, reduce overlaps between classes, and provide greater clarity worldwide. Some changes in the 13th edition concern the assignment of certain goods to classes:
- Glasses and optical lenses: previously class 9, now class 10
- Rescue vehicles: previously class 9, now class 12.
- Electrically heated clothing: previously class 11, now class 25.
- Essential oils: no longer uniformly class 3, but class 3 (cosmetic), class 5 (medical) or class 30 (food) depending on their purpose.
These changes are intended to make the classification of goods and services more precise and uniform. In practice, this means that terms in lists of goods/services that were previously assigned to a specific class may be classified under a different class from 2026 onwards. Trademark applicants must therefore pay particular attention to class classification in future.
Trademark applications from 2026 onwards – what to look out for?
For new trademark applications filed on or after January 1, 2026, the NCL (13-2026), i.e., the updated Nice Classification, will apply. This means that goods such as eyeglasses or sunglasses must now be registered in class 10 instead of class 9 as before, rescue vehicles in class 12 instead of class 9, etc.
If goods/services are still assigned to the old classes in the trademark application, there is a risk of objections from the trademark offices. If individual goods or services have to be reclassified into a class not initially specified in the application, additional payments may even be required (at the EUIPO, for example, an additional class costs EUR 150.00 from the second class onwards, but at the DPMA it costs EUR 100.00 from the fourth class onwards). It is therefore essential to carefully review and adjust the classification.
Care should also be taken with international trademark applications via the Madrid System. WIPO expressly points out that the changes should be carefully reviewed, especially if the national basic trademark was still classified according to an older Nice edition. In such cases, the new classification must be taken into account in the international application, as WIPO will treat all applications received from January 1, 2026, in accordance with the 13th edition. Otherwise, there could be delays or rejections until the class information is corrected.
It should also be noted that during the transition period, searches and conflict checks will have to be more comprehensive. Trademarks registered before 2026 are still registered in their old class, while new applications for the same goods are now filed in the new class. Anyone researching or monitoring a trademark in 2026 should therefore carry out duplicate searches:
For example, search for eyeglasses in both class 9 (for older registrations) and class 10 (for new applications), and for heated clothing in both the (old) class 11 and now also in class 25. This is the only way to ensure that no potentially conflicting trademarks are overlooked.
Are already registered trademarks also affected?
Owners of already registered trademarks can breathe a sigh of relief for now: existing applications and registrations prior to January 1, 2026, will not be automatically reclassified. Your trademarks will retain their originally registered classes. There is therefore no obligation to immediately reapply for or change trademarks due to the new Nice Classification. Trademark protection will continue to extend to the specific goods and services registered, regardless of the class in which they are systematically classified from 2026 onwards.
However, it is advisable to review your own trademark portfolio in light of the changes. Companies should check whether their important trademarks cover goods/services that are now assigned to a different class . If necessary, it may be strategically advisable to file new trademark applications or extensions in order to be present in all relevant classes and thus ensure complete protection.
For example, a company that previously only owned a trademark for eyeglasses in class 9 might consider registering a corresponding trademark in class 10 to prevent future developments. Although the original registration continues to protect “eyeglasses” as a product, additional coverage in the new class can provide legal clarity.
Trademark watching services should also be adjusted. If trademark monitoring for certain goods has previously only covered the old class, it is advisable to include the new class from 2026 onwards. Otherwise, new applications by third parties in the new class could go unnoticed and lead to surprises. Some service providers offer to extend existing watch orders accordingly to ensure seamless trademark protection during the transition phase.
Conclusion
The 13th edition of the Nice Classification brings changes to the class assignments, but these are ultimately intended to make the system clearer and more up-to-date. For trademark owners, this does not mean a loss of existing rights, but rather the need to adapt to the new classes.
Proactive planning is now key: companies should check which trademarks are affected by the new classifications and adjust their registration strategies accordingly. Anyone planning to register a trademark in 2026 should definitely use the current classification as a basis and take care when formulating the list of goods and services.
Overall, the turn of the year 2025/2026 also offers an opportunity to review your own trademark portfolio and make it future-proof. With timely preparation and, if necessary, advice, potential risks arising from the classification changes can be minimized. This will ensure that trademark protection remains comprehensive in 2026 and beyond.
The most important points in brief
- NCL 13 (2026): The 13th edition of the Nice Classification will apply from January 1, 2026—some goods will change class (e.g., eyeglasses will now be in class 10).
- Trademark application 2026: New trademarks must be registered according to the updated classification; existing registrations will not be automatically reclassified.
- Action required: Trademark owners should check whether their goods are affected and adapt their application strategy and trademark monitoring to the new classes.
