Relevant Update: 13th Edition of the Nice Classification Now in Force

February 25, 2026

The Nice Classification organizes goods and services into 45 classes to harmonize trademark protection worldwide.

The 13th edition (NCL-13-2026) entered into force on January 1, 2026, as published by the World Intellectual Property Organization (WIPO) as well as by the Mexican Institute of Industrial Property (“IMPI”).

What does this mean for your trademarks?

• The new edition applies to all trademark applications filed as of January 1, 2026.
• Existing registrations filed before that date will not be reclassified.
• Renewals do not trigger automatic reclassification. Previously granted rights remain protected in their original class.

Key Changes

Some of the most relevant updates include:

• Classification now focuses primarily on the use or function of a product rather than its nature or composition.
• Lenses, eyeglasses, sunglasses, and contact lenses move from Class 9 to Class 10.
• Essential oils are classified according to purpose (industrial, cosmetic, medical, or food-related).
• Emergency vehicles (e.g., fire trucks, rescue boats) move to Class 12.
• Heated garments (e.g., thermal vests or gloves) are now in Class 25.
• Artificial Intelligence as a Service (AIaaS) is expressly recognized in Class 42.

Airport VIP lounge services are expressly recognized in Class 43.

Practical Considerations

Although existing rights are not affected, the changes may require strategic adjustments:

1. New Filings

If a relevant reclassification affects your products or services, it may be advisable to file new applications in the updated class (for example, lenses now in Class 10).

If your current registration uses broad wording (e.g., “optical instruments”) without specifically listing lenses or sunglasses, additional filings may be worth evaluating.

Companies offering AI-based solutions should consider expressly including AIaaS in Class 42 in future filings.

2. Renewals and Declarations of Use

At the time of renewal or declaration of use, it is advisable to review the wording of goods and services to ensure optimal protection within the originally granted scope.

3. Enforcement and Monitoring

Monitoring strategies should consider both the former and the new class when reclassifications are involved.

4. License Agreements

License agreements should clearly describe the licensed products and services rather than referring only to the class number. A review of existing agreements may be appropriate.

Conclusion

The 13th edition of the Nice Classification does not affect rights already granted. However, it does require careful consideration when filing new applications, managing portfolios, and drafting agreements.

The IMPI has not yet clarified whether, during renewals or declarations of use, applicants will be allowed to designate the updated class for goods affected by the reclassification. We will continue to monitor this closely.