WIPO announce several adjustments to trade mark classification from January 2026
In the upcoming edition of The Nice Classification, NCL (13 2026) – published by the World Intellectual Property Office (WIPO) – which takes effect on the 1st January 2026, there will be several significant revisions that will impact trade mark filing strategies.
Our trade mark team has reviewed the 2026 edition, summarising the key changes trade mark holders need to be aware of.
Main changes in The Nice Classification, NCL (13 2026)
The release of NCL (13 2026) by WIPO has revealed several adjustments, with the main changes set out below:
- To align with their medical and therapeutic functions, optical products, namely eyeglasses, contact lenses and eyeglass cases, are being reclassified from Class 9 to Class 10. Although their function is to protect the eyes from UV rays and reduce glare, sunglasses will also be reclassified from Class 9 to Class 10. Smart glasses will however remain in Class 9 since they are treated as electronic tech devices;
- Previously listed under Class 9, emergency and rescue vehicles are now reclassified into Class 12, aligning them with the broader vehicle category;
- Products in the personal care category, such as tongue scrapers, are being reclassified from Class 10 to Class 21;
- Because they are fundamentally garments, electrically heated clothing and accessories are being reclassified from Class 11 to Class 25;
- Changes will also be introduced to optician services with retail activities being moved to Class 35, and repair work being assigned to Class 37;
- Essential oils will no longer automatically fall under class 3 and will instead be classified based on their intended use such as food (class 30), medical (class 5) and cosmetic (class 3).
Impact on existing trade marks
Trade marks filed before the 1st January 2026 will still be reviewed under NCL (12 2025), and the changes being introduced in 2026 will not affect the protection scope of existing registrations; there will be no requirement to reclassify terms.
Key dates and takeaways
- Applications filed before the 1st January 2026 can continue to follow NCL (12 2025);
- Applications filed from the 1st January 2026 must comply with NCL (13 2026) – when new trade mark applications are instructed, Barker Brettell draft full specifications and will ensure that the changes are considered and fully complied with;
- If applications are filed in 2025 which include terms that are subject to reclassification in 2026, and are examined post the introduction of NCL (13 2026), examiners should not raise an office objection if the application was filed in compliance with NCL (12 2025) – it is applications filed from the 1st January 2026 that must comply with NCL (13 2026), not applications examined from the 1st January 2026;
- Any trade mark watching services will need to be reviewed.
What should I do now?
NCL (13 2026) will introduce some significant changes to the classification of certain goods and services, particularly for optical products and emergency vehicles. It is important for checks to be conducted before filing applications in the New Year to ensure compliance with NCL (13 2026) and reduce the likelihood of specification objections being raised.
If you think these changes might affect your trade mark portfolio and would like further advice, please contact one of the authors, Emily Marshall or Catherine Wiseman, or your usual Barker Brettell trade mark attorney.
