General Observations
The class structure (45 classes) and the overall logic of the Nice Classification remain unchanged. In most cases, the amendments are of a clarifying rather than a revolutionary nature. Terminological precision has been improved: outdated or vague wording has been replaced with more specific and legally accurate terms. The inclusion of digital and technological realities has been expanded, particularly in Classes 9, 42, and 35.
Key Differences by Class
Class 1 – Chemicals
- Added: "essential oils" as ingredients for cosmetics and pharmaceuticals.
- Amended: "semi-processed resins" replaced with "semi-processed artificial resins" (clarification of resin type).
- Added to exclusions: "caulking putty" is now expressly classified under Class 17.
This clarification helps to avoid ambiguity when registering sealants.
Class 3 – Cosmetics and Toiletries
- The term "perfumery" has been replaced with the more modern term "perfumes".
- Essential oils are expressly included in the exclusions as ingredients rather than finished goods.
Class 4 – Industrial Oils and Fuels
Clarified: massage candles are now classified according to their purpose:
- for cosmetic purposes – Class 3
- for therapeutic purposes – Class 5
Class 5 – Pharmaceutical and Veterinary Preparations
- "Plasters" replaced with "adhesive plasters", ensuring greater terminological precision.
- "Material for filling teeth" updated to "materials for filling or repairing teeth", reflecting contemporary dental terminology.
Class 9 – Electronics, Software and Scientific Apparatus
Significant updates include:
- "recorded and downloadable media" replaced with "recorded and downloadable multimedia files", reflecting modern formats;
- inclusion of POS terminals (point-of-sale terminals) as examples of devices;
- clarification that smart products (e.g. smart refrigerators, smart suitcases) remain classified in their original classes if their primary function has not changed;
- spectacles, contact lenses and sunglasses have been transferred from Class 9 to Class 10 (see below).
This is a material change: spectacles are no longer considered technical apparatus under Class 9 but are treated as medical or corrective devices.
Class 10 – Medical and Surgical Instruments
- Added: "spectacles, contact lenses and sunglasses", now officially included in this class.
- Clarified that novelty spectacles remain classified under Class 28.
This creates a clear and logical distinction between medical/corrective products (Class 10) and entertainment items (Class 28).
Class 11 – Lighting, Heating and Sanitary Installations
- Added examples: electrically heated mugs and electrically heated carpets.
- Clarified that electrically heated clothing is classified under Class 25 (and not Class 11) if it constitutes an item of apparel.
Class 17 – Rubber, Asbestos and Insulating Materials
- "Anti-dazzle films" replaced with the more technically accurate term "anti-glare films".
- Clarified that adhesive tapes are excluded where they are intended for cosmetic or medical purposes (previously limited to "not for household use").
Class 18 – Leather and Imitation Leather Goods
Added: umbrellas and parasols as portable articles for protection against weather conditions, clarifying their functional purpose.
Class 19 – Non-Metallic Building Materials
- Clarified materials: clay added as a material for articles (e.g. pottery).
- Updated exclusions: statuettes made of wood, wax, plaster, plastic or resin are now expressly classified under Class 20.
Class 20 – Furniture, Mirrors and Frames
- Similarly, resin has been added to the list of materials.
- Clarified exclusions: bed linen and sleeping bags are not included (Class 24).
Class 21 – Household or Kitchen Utensils (not of precious metal)
- Added: coasters, cutlery rests (non-paper and non-textile), and trivets.
- Clarified that glass fibres for textile use are excluded (Class 22).
Class 22 – Ropes, Nets and Padding Materials
No substantive changes; however, the structure of exclusions has been improved.
Class 28 – Toys, Sporting and Entertainment Articles
- "Christmas crackers" replaced with the broader term "party crackers (party novelties)".
- Clarified that paper party hats and carnival masks remain in Class 28 even if used outside festive contexts.
Class 29 – Foodstuffs of Animal Origin
- Added: seaweeds as permitted food products.
- Clarified: meat extracts for culinary purposes are included; extracts for industrial use are excluded (Class 1).
Class 31 – Raw Agricultural Products
Added: unprocessed rice as an example of unprocessed grain.
Class 38 – Telecommunications Services
- Clearly stated that online advertising, radio advertising and television advertising are excluded (Class 35).
- Clarified that telemarketing services also fall under Class 35.
Class 40 – Treatment of Materials
- Emphasised that custom manufacturing qualifies as a service only where it is carried out according to the customer's specifications.
- Clarified that vehicle painting is classified under Class 37 (repair and maintenance), not Class 40.
Class 42 – Scientific, Design and Information Technology Services
- Added: SaaS and PaaS as examples of services.
- Clarified that graphic design of promotional materials does not fall under Class 35 but is classified in Class 42, as expressly stated in the Class 35 note ("does not include … graphic design of promotional materials (Cl. 42)").
This is particularly relevant for IT and marketing companies: logo design, banner design and similar services fall under Class 42.
Class 45 – Legal, Security and Social Services
- Confirmed: domain name registration services are classified under Class 45 (not Class 42).
- Clarified that online dating services and social networking services fall under Class 45.
Key Trends in the 13th Edition (2026)
Digitalisation
Examples: SaaS/PaaS, multimedia files, POS terminals.
Medical precision
Transfer of spectacles to Class 10; refined terminology in Class 5.
Functional differentiation
Smart devices remain in their core classes; massage candles classified by purpose.
New materials and sustainability
Seaweeds, anti-glare films, resins.
Legal certainty
Clear boundaries between custom manufacturing (Class 40) and repair services (Class 37).
Conclusion
The 13th Edition of the Nice Classification (2026) represents an evolutionary rather than a revolutionary update. It:
- eliminates ambiguities present in previous editions;
- adapts the classification to modern technologies (SaaS, smart devices, digital content);
- enhances legal certainty, particularly in borderline areas (e.g. between Classes 9 and 10, or 37 and 40);
- contributes to the global harmonisation of trademark registration systems.
For trademark applicants, this means that wording should be carefully reviewed when filing applications in 2026, especially in relation to:
- spectacles and contact lenses;
- massage candles;
- smart devices;
- graphic design services;
- custom manufacturing.
The reclassification of spectacles, contact lenses and sunglasses into Class 10 is a fundamental change. In practice, this means that specifications previously filed—or routinely drafted—under Class 9 may become vulnerable. Applicants are advised to review their trademark portfolios and, where appropriate, consider filing additional applications or extending the scope of protection.
The Nice Classification 13 reaffirms the functional approach to the classification of smart products. The mere presence of a digital module or internet connectivity does not alter the applicable class if the product's primary function remains unchanged. This clarification is particularly relevant for manufacturers of household appliances and consumer goods who often mistakenly attempt to classify such products under Class 9.
The classification of graphic design of promotional materials under Class 42, rather than Class 35, is of critical importance for IT, digital and creative agencies. Incorrect classification of these services remains one of the most common reasons for examination objections and unintended limitations of trademark protection.
The distinction between treatment of materials services (Class 40) and repair or maintenance services (Class 37) has been significantly tightened. Custom manufacturing is recognised as a service only where it is carried out in accordance with the customer's specifications. Otherwise, the wording may be deemed inaccurate, creating risks of refusal or subsequent invalidation.
In 2026, filing trademark applications based on standard templates without due consideration of the updates introduced by Nice Classification 13 entails increased risk. In practice, borderline cases—such as spectacles, massage candles, digital services, graphic design and custom manufacturing—are most frequently the subject of examination objections and disputes between rights holders.
Related Materials
Additional resources on trademark classification and registration:
Although the amendments introduced by the 13th edition of the Nice Classification are predominantly clarifying in nature, their practical impact should not be underestimated. Even minor wording adjustments may affect the outcome of an application, particularly at the formal examination stage and later when comparing lists of goods and services in similarity and conflict disputes.