New Edition of the Nice International Classification: Strategic Considerations

On January 1, 2026, the 13-2026 Edition of the Nice Classification entered into force. A common thread across the updates is the recognition of technological advancements across multiple industries.

This trend is particularly evident in the revisions to Class 9, which in previous editions covered a broad range of technological products, from video game software and hardware to rescue apparatus. In the new edition, several items have been expressly excluded from Class 9 in order to align classification with the primary function of the product. Notably, Class 9 no longer includes “smart products whose primary function remains unchanged,” such as smart refrigerators, suitcases, clothing, or toys.

The increasing emphasis on function as the dominant classification criterion is also reflected in other changes. For example, essential oils—traditionally classified in Class 3—are now redistributed according to their specific use across multiple classes: Class 1 (industrial purposes), Class 3 (cosmetic use), Class 5 (therapeutic purposes), and Class 29 (flavoring for food). Similarly, electro-thermal clothing, previously included in Class 11, has been reassigned to Class 25 alongside other items of apparel.

These and other notable changes, including the inclusion of certain optical products such as lenses in Class 10, underscore the need for a comprehensive review of trademark portfolios and a more rigorous approach to clearance searches. Accordingly, it is advisable to reassess existing specifications to determine whether reclassification may be appropriate and to broaden search strategies to account for both the updated classes and their previous classifications.

Rubén Calderón