The 13th edition of the Nice Classification (NCL 13-2026) became effective on January 1, 2026, and has been incorporated into U.S. examination practice through updates to the U.S. Patent and Trademark Office’s (USPTO) Acceptable Identification of Goods and Services Manual.
Because the Nice framework governs how goods and services are categorized globally, including within USPTO filings and Madrid Protocol applications, these revisions influence drafting decisions, filing costs and portfolio coordination. Existing registrations are not retroactively affected, but all applications filed from 2026 forward must comply with the updated classification structure.
Key Classification Developments
Reclassification of Selected Goods
- Optical goods, such as eyeglasses, frames, lenses and sunglasses are now placed in Class 10, reflecting their treatment as health-related devices, while electronic optical technologies remain in Class 9.
- Emergency and rescue vehicles, including fire engines and lifeboats, have been reassigned to Class 12 to consolidate vehicle classifications.
- Electrically heated garments and socks are classified in Class 25 as apparel, rather than in Class 11 as heating apparatus.
- Electric toothbrushes and similar oral care devices have moved from Class 10 to Class 21, reflecting their consumer household nature.
- Hose watering nozzles are now placed in Class 17, and buttercream icing has shifted to Class 30.
- Clutch linings are categorized according to use, with vehicle-related components in Class 12 and machinery applications in Class 7.
- Certain lifestyle goods associated with yoga and meditation are distributed across classes based on physical characteristics (e.g., gloves Class 25, cushions Class 20, mats Class 27), and patio umbrellas are now categorized in Class 22.
Terminology and Conceptual Refinements
- Essential oils are categorized according to intended use, e.g., cosmetic (Class 3), therapeutic (Class 5), culinary (Class 30) and industrial applications (Class 1).
- Newly recognized commercial services include artificial intelligence provided as a service formally recognized in Class 42, airport lounge booking services (Class 43) and spectacle rental services (Class 44), reflecting evolving market realities.
Implications for U.S. Trademark Filings
- Applicants should expect the USPTO to apply updated terminology standards, and reliance on outdated identification language may result in office actions or delays.
- Reclassification may influence the number of classes required for protection, and this shift may affect filing fees and portfolio cost planning.
- Trademark searches and monitoring strategies may require expansion where product categories now intersect differently across classes.
- Applicants using U.S.-based applications for international filings should ensure classification consistency to minimize irregularities during international review.
Recommended Considerations for Brand Owners
- Companies should review template identification language and update internal filing practices to reflect current classification standards.
- Planned filings and expansion strategies should be evaluated to determine whether class changes affect scope or cost.
- Portfolio coordination across jurisdictions should be considered to maintain consistency in global brand protection.
Our Intellectual Property Practice Group closely follows developments in the field of patents and trademarks to keep clients aware of important developments. If you have questions or concerns about design patent-related matters, please reach out to attorney Tatyana Voloshchuk at (203) 653-5447 and tvoloshchuk@harrisbeachmurtha.com, or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
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