Important changes to how some goods and services are classified in 2026

The 13^th edition of the Nice Classification came into force on 1st January 2026.  The Nice Classification is the international classification system which sets out the 45 classes of goods and services a trade mark can cover.  Most countries use this international standard for trade mark classification including New Zealand and Australia.

A new edition of the Nice Classification is published every three years and often represents major changes such as goods and services being transferred to new classes. The key changes in the 13^th edition are around optical goods such as eyewear, contact lenses and sunglasses. Optical goods have been moved out of class 9 (as well as other goods like emergency vehicles) so class 9 can focus more broadly on technological and digital related goods.  Class 9 remains one of the most frequently filed for classes. So, the removal of some goods from this class will be a welcome relief to those who have grappled with a large number of hits when searching. 

What are some of the changes?

“Spectacles, eyeglasses, pince-nez”, and “contact lenses” and “sunglasses”
Moved from class 9 to class 10.  The move reflects these goods being seen as falling within the scope of medical apparatus and instruments.

“Medicinal essential oils” and “essential oils for pharmaceutical or medical purposes”
Moved from class 3 to class 5.  With class 5 covering pharmaceuticals and other preparations for medical purposes, the move reflects the purpose of the goods.

“Fire engines” and “lifeboats”
Moved from class 9 to class 12 which covers vehicles.

“Essential oils for flavouring foods”, “essential oils for flavouring cakes” and “essential oils for flavouring beverages”
Moved from class 3 to class 30.  The change reflects that the essential oils are being used in relation to foodstuffs, which is covered by class 30.

“Electronically heated clothing”
Moved from class 11 to class 25 which broadly covers clothing items.

IPONZ has clearly set out the full list of changes at Appendix five.

More changes to come?
Class 9 continues to grow in popularity for trade mark owners who want to protect computer hardware, software, apps etc. There is a good argument to make that WIPO should continue to limit this class to technological and digital related goods to prevent it becoming unwieldy. For example, moving safety and life-saving gear such as protective clothing and helmets from class 9 to class 25 (which is the main clothing class) could be an option in the future.

While new editions of the Nice Classification are published every three years, it is also reviewed regularly with a new version of each edition being published annually. So, we can expect further changes to come.

Implications of the 13^th edition for trade mark owners
Trade mark owners will not need to amend existing trade mark registrations or applications filed before 2026.  But, any applications filed from 1^st January 2026 will need to ensure the classes selected reflect the new classifications.

Existing registrations will not be reclassified and will remain in their former classes. This means when carrying out a clearance search, the old and new classes must be covered to avoid missing any conflicting marks. 

It is also a good idea to check any agreements such as co-existence agreements or licence agreements which specifically refer to the impacted goods and amend watching services if required.

Our strategy for searching, filing and monitoring trade marks reflects these important changes.  But, if you have any questions about how the 13^th Nice Classification may affect your trade mark portfolio, please reach out to the MoranLaw team.