Impact of the 13th edition of the Nice Classification on the protection and defence of your trademarks
[24/02/2026]
Since 2013, the classification has been revised every year by the World Intellectual Property Organization to include new goods and services, such as artificial intelligence as a service (AIaaS) in class 42 and construction project cost management services in class 37.
This new edition also entails the transfer of goods and services from one class to another based on their actual purpose.
For example, optical products (glasses, contact lenses) are moved from Class 9 to Class 10.
Essential oils are now classified according to their purpose (cosmetic use in class 3, medical use in class 5 and food flavourings in class 30).
New filings
- Priority searches must cover the former and new classes to which your goods and services now belong.
- The lists of goods and services of your new trademarks must comply with the new classification or objections will be raised. You therefore need to check your former lists of goods and services to make the necessary class changes.
- When applying for international registration, check that the list of goods and services of your “basic mark” filed in 2025 complies with the 13th edition of the Classification.
Surveillance
- Trademarks prior to 1 January 2026 are not automatically reclassified.
- If the goods covered are concerned by these class changes, you need to check that your surveillances cover the new class, otherwise you may unwittingly tolerate trademarks that infringe your rights.
Renewals
- It is recommended that you review your lists of goods and services at the time of renewals to make potential reclassifications, assess the need for additional filings in the relevant classes and anticipate the impact on the budget.
Litigation
- In oppositions, invalidity or infringement actions, even if the similarity of goods/services is always assessed regardless of classes, it should be reminded that identical/similar goods/services may be found in different classes depending on the filing dates of the trademarks involved.
Our teams are available to carry out an audit of your trademark portfolios and to advise you.