13th edition of the Nice Classification of Goods and Services

A new version (13th edition) of the Nice Classification has been in effect since January 1, 2026.

Most significant changes

The reclassifications introduced by this edition—that is, the transfer of certain goods from one class to another—represent, in practice, the most significant change for trademark owners.

Several sectors are particularly affected, notably:

• eyewear;
• watercraft;
• first aid and rescue products;
• aromatherapy products.
  

Reclassification of optical products

Specifically, “spectacles* eyeglasses ;  spectacle lenses, eyeglass lenses; spectacle frames, eyeglass frames; spectacle chains, eyeglass chains; spectacle cords, eyeglass cords; eyeglasses for correcting color vision deficiency; spectacle cases, eyeglass cases; contact lenses; containers for contact lenses; contact lens cases incorporating ultrasonic cleaning functions; corrective lenses; sunglasses; sunglasses for pets; anti-glare spectacles, anti-glare glasses” now fall under Class 10.

This class covers surgical, medical, dental, and veterinary devices and instruments. These products were previously classified in Class 9, relating to optical devices and  instruments.

Reclassification of watercraft and emergency equipment

“Surf skis”, previously classified under Class 28 for sporting goods, “fire engines; fire boats; life-saving rafts; lifeboats; evacuation chairs,” previously in Class 9 (safety equipment), are now moved to Class 12, relating to watercraft and water-borne vehicles.

Reclassification of essential oils

“Essential oils”, previously classified in Class 3, are now reclassified according to their field of use.

Thus:

• “medicinal oils” fall under Class 5, relating to pharmaceutical products;
• “essential oils for use in manufacture” fall under Class 1, as raw materials;
• “essential oils for cosmetic purposes or for fragrancing” remain in Class 3.

Position of intellectual property offices

The EUIPO has clarified that it will not reclassify any pending applications or EU registrations filed before January 1, 2026, nor will it reclassify renewals of EU trademark registrations. [1]

The WIPO will also not carry out an automatic reclassification for international registrations prior to that date[2] .

The practice of the Benelux Office for Intellectual Property, for its part, is fully aligned with that of EUIPO. Neither the Benelux Convention on Intellectual Property (BCIP) nor its Implementing Regulations provide for the possibility of reclassifying goods and services for trademark renewals[3].

However, when renewing French trademarks, the INPI[4] may carry out a reclassification[5] .

Practical implications

First, when renewing French trademarks, reclassification may result in the payment of additional fees.

Changes in classes will also have potential consequences for:

• ongoing monitoring;
• priority searches.

An audit of the portfolios should be considered to anticipate the future impacts of these class changes, particularly from a budgetary perspective.

[1] EUIPO, “Communication No. 02/2025 of the Executive Director of the Office dated December 3, 2025, concerning the 2026 version of the 13th edition of the Nice Classification.”

[2] WIPO, Opinion No. 37/2025 “Madrid Protocol Concerning the International Registration of Marks.”

[3] See : https://www.boip.int/en/ip-professionals/regulations-policy/regulations

[4] French IPO.

[5] INPI, “Guidelines on the Renewal Declaration.”

Written by Virginio Arcaio

Intellectual Property Attorney

Juriste Marques

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Written by Nathalie Rousset

French and European Trademark & Design Attorney

Conseil en propriété intellectuelle mention Marques, Dessins & Modèles, Mandataire Européen

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