The 13th edition of the Nice Classification, administered by the World Intellectual Property Organization (WIPO), will enter into force on January 1, 2026. This system is used to categorize the goods and services claimed in trademark applications, and the new version will bring significant changes for trademark owners.
In addition to introducing terminology updates and various adjustments, this new classification mainly involves transfers of certain goods and services from one class to another.
Which goods and services are affected by these class transfers?
Eyewear products
Currently listed under class 09 (eyeglasses, sunglasses, lenses, frames, chains, cords, etc.), these items will now be classified under class 10, which groups together medical-use products.
Note that other optical products (such as magnifying glasses, telescopes, etc.) will remain in class 9.
Regarding services, optician services are entirely removed from class 44; only optometry and rental of glasses (both prescription and sunglasses) will remain.
Repair and maintenance services for glasses will be transferred to class 37, while retail services for optical goods will be grouped with all retail services under class 35.
Rescue vehicles
Emergency vehicles such as fire engines, fireboats, rafts, and lifeboats will move from class 09 to class 12, consolidating all vehicles in a single class.
Electrically heated clothing
Items such as heated garments and socks, as well as heated or non-heated footmuffs, previously classified under class 11 (heating articles), will now be transferred to class 25, dedicated to clothing articles.
Essential oils
The classification of these products will now be defined by their intended use:
- Class 05: essential oils for medical or therapeutic use.
- Class 30: essential oils intended for food use.
- Class 03: essential oils for cosmetic applications (this category remains unchanged).
What are the implications for trademark owners?
1. Strategy for prior rights searches
The implementation of the new classification changes the scope of prior rights searches and introduces new challenges:
For example, before adopting a trademark intended for eyewear, it will now be necessary to conduct searches in both the new class 10 and the former class 09, since earlier rights in the latter will remain valid.
Indeed, trademarks filed before 2026 will remain registered under their original class, as most trademark offices will not automatically reclassify them. This means that both old and new classes will coexist for some time, requiring searches to cover multiple classes for the same product category.
It should be remembered that the International Classification has only administrative value. Similar goods and services can be listed in different classes. Therefore, when assessing the likelihood of confusion, particularly during prior searches, relying solely on class numbers may be insufficient or even legally incorrect. Determining the correct classes to include is therefore essential.
2. Trademark watching and monitoring
As for trademark monitoring, while future filings should be monitored under the new classification, registration procedures may take several months or even years, particularly abroad.
Furthermore, trademarks filed under Union priority before January 1, 2026, could be published later. Some trademark filings will therefore not be published by January 1 when the classification enters into force and will remain governed by the previous classification.
Consequently, throughout 2026, monitoring should cover both the old and the new classes.
3. Trademark renewals
Depending on the provisions applicable in each trademark office, the entry into force of the new edition may affect renewals.
Some offices may request reclassification of goods, and if a new class is designated, additional fees may apply. This has been confirmed by the French National Institute of Industrial Property (INPI) for French trademark renewals as of January 1, 2026. The European Union Intellectual Property Office (EUIPO) and the International Bureau (WIPO), however, will not reclassify existing registrations. Therefore, it is advisable to anticipate renewals when possible to avoid extra fees.
4. Review of existing contracts
Existing agreements, such as coexistence agreements, should be reviewed if their scope is not clearly defined. For example, an agreement referring only to a class without specifying the goods concerned could become obsolete or a source of dispute after the new classification takes effect. An audit of your contracts is therefore highly recommended.
Conclusion :
Anticipation and vigilance required
for trademark owners. From preparing prior searches to monitoring filings and renewals, these changes highlight the importance of proactive management of trademark portfolios.
Our team is available to assist you in analyzing these changes and ensuring the protection of your intellectual property rights.
Octobre 2025
Contributing author
Stéphanie DEVYVER
Partner | European Trademark & Design Attorney
