As of 1 January 2026, the World Intellectual Property Organisation has implemented changes to the Nice Classification of trade mark classes. The Nice Classification is an essential tool which divides all goods and services into 45 different classes. Under the revisions, many goods and services are being moved to new classes, which will affect the filing strategies of many businesses and trade mark owners. New goods and services are also being introduced, to reflect the emergence of new technologies, such as AI.
Among the changes are the following:
- Eyewear products (glasses, contact lenses, etc.) will move from Class 9 to Class 10, to reflect their medical and therapeutic use. Sunglasses will also be included in this change for consistency. Smart glasses, however, will remain in Class 9 due to being electronic tech devices.
- Emergency and rescue vehicles will be reclassified from Class 9 to Class 12, aligning them under the broader vehicle category.
- A selection of personal care products, such as electric toothbrushes and tongue scrapers, will move from Class 10 to Class 21.
- To reflect their nature as garments, electrically heated clothing and accessories will move from Class 11 to Class 25.
- Optician services are also affected by these changes: retail-related services will fall under Class 35, while repair services will belong to Class 37, having previously been in Class 44.
- 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.
Importantly, these changes will not affect trade marks filed before the 1st January 2026, meaning that there is no requirement for owners of pre-existing applications and registrations to reclassify terms or reregister.
However, any applications filed on or after this date will have to comply with the new requirements.
Key strategies for 2026 and beyond
- Ensure all new trade mark applications account for the changes.
- Clearance searches for the affected goods will need to include both the old class and the new class.
- Review existing co-existence and consent agreements to ensure they relate to the goods/services themselves, rather than referring to classes in general.
Laurie Bray and Eduard Ivan
Trade Mark group
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Withers & Rogers LLP December 2025
