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What it means for your trade marks
Effective date: 01 January 2026
The 13th Edition of the Nice Classification is now in effect. Nice
is the international classification system trade mark offices use
(including CIPC) to decide which goods and services your trade mark
protection actually covers.
The class numbers remain the same, but the content of certain classes has changed. That impacts how new applications should be drafted and filed.
Who is affected
You are most likely to be affected if you:
- Plan to file a new trade mark (or new filing in 2026 onwards);
- Are expanding products or services into new categories;
- Operate in "borderline" or fast-evolving sectors, especially tech-enabled offerings; or
- Rely on older class descriptions copied from previous filings.
Existing registrations are not automatically invalidated – but new applications must align with Edition 13, and trade mark portfolios may now contain a mix of old and new class wording.
What has changed in Edition 13
Edition 13 is designed to reflect modern commercial realities and places more emphasis on function and intended use, rather than historic labels. Practical examples include:
- Eyewear (glasses, sunglasses, contact lenses) has shifted away from being treated as "tech" goods in Class 09 and is now treated as medical goods in Class 10.
- Electrically heated clothing is no longer treated as heating equipment in Class 11 and is now classified as clothing in Class 25.
- Emergency and rescue vehicles have been consolidated into Class 12 with other vehicles (rather than specialised apparatus).
- Essential oils are no longer "one size fits all" – classification depends on use: cosmetic (Class 03), therapeutic (Class 05), food-related (Class 29), or industrial purposes (Class 40).
- Artificial intelligence offered as a service has been expressly recognised as a registrable service category (notably within Class 42).
Practical implications for trade mark strategy
Classification is not a technical admin step – it determines:
- Whether your application will proceed smoothly (or face objections/delays);
- Whether your registration is enforceable against infringers; and
- Whether you end up with gaps in protection because the goods/services were filed under the wrong class.
Under Edition 13, common risks include:
- Filing under outdated class assumptions, leading to objections or amendments;
- Using legacy descriptions that don't match how the goods/services are now categorised; and
- Assuming one class covers multiple commercial activities (e.g., manufacture + product + retail/online services).
Considerations for brand owners
If you are filing or expanding in 2026 and beyond, you should:
- Check your goods/services wording against Edition 13, not prior filings.
- Treat classification as a scope exercise: what do you sell, how do you sell it, and what might you sell next?
- Ensure each business activity is properly covered (product categories, tech services, retail services, platforms, etc.).
- For portfolio clean-ups or expansions, consider a short classification audit before filing additional marks.
Practical Next Steps
If you're planning a new filing, launching a new product/service, or you'd like a quick check that your next application is correctly classified under Edition 13, send Barnard's IP team:
- Your trade mark (word/logo),
- A short description of the goods/services (and how you sell them), and
- The countries where you intend to use or file.
We'll confirm the appropriate class coverage and prepare filing-ready goods/services wording aligned to Edition 13.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
