Nice Classification Changes for 2026

The changes are particularly relevant for brand owners, in‑house counsel, and trade mark practitioners responsible for filing and managing trade mark portfolios. While existing rights remain unchanged, the revised classifications apply to all new applications filed from 1 January 2026.

 

Trade Mark Attorney Daniel Wheatley explains how the changes may impact filing strategies, clearance searches, and portfolio management. 

 

Optical Products Move to Class 10

A significant update is the reclassification of optical products, which will be particularly relevant to brands in the eyewear sector.  Corrective spectacles, sunglasses, and contact lenses have moved from Class 9 to Class 10, reflecting their functional role as medical devices.

 

Smart glasses and other wearable electronics with computing capabilities remain in Class 9, in view of their primarily technological rather than medical function.

 

These changes have important implications for brand owners, as new applications for standard optical products must now be filed in Class 10 to avoid classification objections.

 

Other Goods Reallocations

Several other goods have been moved to reflect their primary function, including:

 

• Electrically heated clothing has moved from Class 11 to Class 25 to align with wearable clothing rather than appliances.
• Emergency and rescue vehicles, such as fire engines and lifeboats, have been reclassified from Class 9 into Class 12 with other vehicles.
• Essential oils are now classified by intended use: cosmetic uses in Class 3, therapeutic or medical uses in Class 5, and food flavourings in Class 30.
• Certain personal care devices, including electric toothbrushes, have moved from Class 10 to Class 21, since these products are not typically considered medical devices.

 

These changes emphasise that classification is primarily determined by a product’s function or intended purpose, rather than the materials it is made from or the technology it incorporates.

 

Service Classification Changes

The changes are not limited to goods.  Noteworthy changes to service classes include:

 

• Artificial intelligence as a service (AIaaS) is now explicitly recognised in Class 42, reflecting current market trends.
• Airport lounge access and booking services are classified under Class 43.

• Optician-related services have been redistributed: retail activities for glasses and optical accessories now fall in Class 35, repair services in Class 37, and clinical optometry services in Class 44.

 

These updates should be carefully considered when drafting or revising service specifications, particularly for brands operating across technology, travel, and healthcare sectors.

 

Curious Quirks

The 13th Edition introduces several interesting distinctions that separate items based on their intended use, even when items appear very similar.

 

Nose clips and earplugs illustrate this clearly:

 

• Nose clips for divers remain in Class 9 as life-saving apparatus.  However, nose clips for swimmers are now in Class 10, as they are considered protective devices for health rather than emergency equipment.
• Earplugs for divers have been kept in Class 9 as life-saving apparatus, but earplugs for swimmers have been moved to Class 10, as their primary function is to prevent infection and protect ear health.

 

These distinctions highlight the level of detail required when drafting trade mark specifications and underscore the importance of understanding the functional purpose of each product or service.

 

Practical Implications for Trade Mark Strategy

• Filing practice: Applications filed on or after 1 January 2026 must comply with the 13th Edition of the Nice Classification.  For example, optical brands should ensure that Class 10 is used where appropriate to avoid classification issues during examination.
• Clearance and monitoring: Clearance searches and watch services should be reviewed to capture potentially conflicting marks across both old and new class boundaries.  For instance, searches for new optical brands or ongoing watching services for existing portfolios may need to include both Classes 9 and 10 to avoid missed conflicts.
• Portfolio management: Existing registrations remain valid in their original classes, but it remains strongly recommended to periodically review whether your coverage aligns with current products and services.

 

Brand owners take note

The 2026 update to the Nice Classification brings a mix of headline changes and subtle refinements, with the reallocation of optical products to Class 10 standing out as the key update for eyewear and vision-related brands.

 

Brand owners should carefully review filing strategies, clearance practices, and portfolio alignment following these updates.  For specific advice on the implications of these changes on your portfolio and trade mark strategy, please contact Daniel Wheatley.

 

This briefing is for general information purposes only and should not be used as a substitute for legal advice relating to your particular circumstances. We can discuss specific issues and facts on an individual basis. Please note that the law may have changed since the day this was first published in January 2026.