On January 1, 2026, the 13th Edition of the Nice Classification entered into force -- the most structurally significant revision since the system was last overhauled in 2023. Entire product categories have shifted between classes, AI services have received their own dedicated terminology, and the long-overcrowded Class 9 has been partially unbundled for the first time.
For anyone filing, searching, or monitoring trademarks in 2026, these are not theoretical changes. They determine which classes you file in, which classes you search, and whether your clearance results are complete.
This guide covers every major reclassification, explains the practical implications, and provides a concrete action plan.
Why This Edition Matters
The Nice Classification is updated every three years by WIPO's Committee of Experts. Most editions introduce incremental terminology updates -- a few dozen new terms, some deletions, minor rewordings. The 13th Edition is different. It includes structural reclassifications that move entire product categories between classes, driven by two forces:
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Class 9 congestion. For years, Class 9 ("Electrical and Scientific Apparatus") has been the most heavily filed class globally, absorbing software, digital goods, NFTs, wearables, safety equipment, and optical products. INTA formally participated in WIPO's structural review of Class 9, proposing ways to redistribute its contents. The 13th Edition is the first concrete result.
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Technology recognition. The rise of AI-as-a-service, smart wearables, and use-specific product classification required terminology that the 12th Edition did not provide.
The result: changes that touch Classes 1, 3, 5, 9, 10, 11, 12, 21, 25, 28, 30, 35, 37, 41, 42, 43, 44, and 45 -- the broadest cross-class revision in a single edition.
The Complete Reclassification Table
Every major goods and services move in the 13th Edition:
| Goods / Services | Old Class | New Class | Rationale |
|---|---|---|---|
| Eyeglasses, sunglasses, contact lenses, frames, chains, cords | 9 | 10 | Aligned with medical/therapeutic devices |
| Smart glasses (computing/AR capability) | 9 | 9 (unchanged) | Primarily technological, not medical |
| Emergency vehicles (fire engines, lifeboats, rescue rafts) | 9 | 12 | Consolidated with all vehicles |
| Electrically heated clothing, socks, footmuffs | 11 | 25 | Reclassified as garments |
| Essential oils (cosmetic use) | 3 | 3 (unchanged) | Stays in cosmetics class |
| Essential oils (medical/therapeutic use) | 3 | 5 | Purpose-based classification |
| Essential oils (food flavoring) | 3 | 30 | Purpose-based classification |
| Essential oils (industrial/manufacturing) | 3 | 1 | Purpose-based classification |
| Electric toothbrushes, tongue scrapers | 10 | 21 | Reclassified as household items |
| Optician retail services | 44 | 35 | Aligned with retail services class |
| Optician repair services | 44 | 37 | Aligned with repair services class |
| Clinical optometry services | 44 | 44 (unchanged) | Remains medical services |
| Artificial Intelligence as a Service (AIaaS) | -- | 42 (new) | New entry for cloud-delivered AI |
| AI consulting services | -- | 42 (new) | Distinct from general IT consulting |
| AI research and development | -- | 42 (new) | For AI R&D firms |
| Airport lounge services | -- | 43 (new) | New hospitality/travel entry |
| Notarial services | -- | 45 (new) | Expressly included in legal services |
| Rage rooms / smash rooms | -- | 41 (new) | Entertainment services |
| Life jackets for pets | -- | 9 (new) | Safety equipment |
| Yoga blocks | -- | 28 (new) | Sports equipment |
| Yoga gloves | -- | 25 (new) | Apparel |
Which Classes Were Most Affected
The chart below shows the number of major reclassification events (goods or services moved in or out) per class in the 13th Edition.
Major Reclassification Events by Nice Class (13th Edition, 2026)
Class 9 dominates because it is both a source (goods moved out) and a destination (new safety terms added). Class 42 ranks second due entirely to new AI service entries.
AIaaS in Class 42: What AI Companies Need to Know
The most consequential new entry for the technology sector is Artificial Intelligence as a Service (AIaaS) in Class 42. Before the 13th Edition, companies offering cloud-delivered AI capabilities -- LLM APIs, machine learning platforms, inference endpoints -- had to shoehorn their filings under generic terms like "software as a service" or "computer programming."
The 13th Edition introduces three distinct AI terms in Class 42:
- Artificial Intelligence as a Service (AIaaS) -- covering AI infrastructure delivered via the internet or software platforms. This captures LLM access, ML training platforms, and hosted inference services.
- Consultancy in artificial intelligence -- for AI advisory and strategic services, now distinct from general IT consulting.
- Research in artificial intelligence technology -- for firms engaged in AI R&D.
Who should act
Any company whose core offering involves providing AI capabilities to third parties -- OpenAI, Anthropic, Cohere, Hugging Face, Mistral, and hundreds of vertical AI startups -- should evaluate whether their existing Class 42 filings adequately cover their services under the new terminology. New filings made from January 1, 2026 onward should use the AIaaS term explicitly.
AI software vs. AI services. Downloadable AI software remains in Class 9. Cloud-delivered AI services fall in Class 42. If your product has both a downloadable component and a hosted service, you likely need filings in both classes.
The Class 9 Unbundling
WIPO's structural review of Class 9, informed by INTA's research project initiated in 2022, has begun redistributing the class's contents. The 13th Edition removes two major categories:
Eyewear to Class 10. Spectacles, sunglasses, contact lenses, frames, chains, cords, and cases all move to Class 10, aligning them with medical and therapeutic devices. This is a significant shift for fashion and lifestyle brands that file eyewear marks. However, smart glasses with computing or AR capabilities remain in Class 9, reflecting their primarily technological function. Optical instruments like magnifying glasses and telescopes also stay in Class 9.
Emergency vehicles to Class 12. Fire engines, lifeboats, and emergency rescue rafts move from Class 9 to Class 12, consolidating all vehicles in a single class regardless of their emergency function.
These moves are the first phase of what WIPO has signaled will be an ongoing effort to reduce Class 9 congestion. Further redistribution is expected in future editions.
Essential Oils: One Product, Four Classes
Essential oils were previously classified entirely in Class 3 regardless of their use. The 13th Edition splits them by purpose:
- Class 3 -- cosmetic and perfumery use (unchanged)
- Class 5 -- medical and therapeutic use (aromatherapy, medicinal applications)
- Class 30 -- food flavoring use
- Class 1 -- industrial and manufacturing use
For brands in the wellness, beauty, and food industries, this means a single product line may now require filings across multiple classes. A company selling lavender essential oil for both skincare and aromatherapy diffusers may need Class 3 and Class 5 coverage.
Existing Registrations Are Not Affected
A critical point: the 13th Edition is not retroactive. Trademarks registered or filed before January 1, 2026 retain their original classification. No office will reclassify existing marks. No renewal triggers a forced reclassification (though France's INPI may charge additional fees at renewal for certain transitions; EUIPO and WIPO will not).
This means the trademark register will contain identical goods classified in different classes depending on filing date. Eyewear marks filed in 2025 remain in Class 9. Eyewear marks filed in 2026 are in Class 10. Both are valid. Both are enforceable.
The practical consequence is significant: clearance searches must now cover both the old and new classes for any reclassified goods.
What You Need To Do
1. Update your clearance search protocols
For every reclassified product category, search both the legacy class and the new class. An eyewear clearance search that only checks Class 10 will miss every registration filed before 2026 in Class 9. A search that only checks Class 9 will miss every new filing.
Minimum dual-class search requirements:
- Eyewear: Class 9 + Class 10
- Emergency vehicles: Class 9 + Class 12
- Heated clothing: Class 11 + Class 25
- Essential oils: Class 3 + Class 5 + Class 30 (+ Class 1 for industrial)
2. Update your watching and monitoring
Trademark watch services must cover both old and new classes for affected product categories throughout 2026 and beyond. Corsearch has recommended dual-class monitoring to prevent blind spots during the transition period.
3. Review new filing specifications
All applications filed from January 1, 2026 must use the 13th Edition classification. Ensure your filing teams and external counsel are using current terminology -- particularly the new AI-specific terms in Class 42.
4. Audit coexistence agreements
Review existing coexistence agreements and consent arrangements. Agreements that reference class numbers rather than actual goods descriptions may have unintended scope changes. An agreement limited to "Class 9 goods" may no longer cover eyewear if the other party files under Class 10.
5. Evaluate AI service coverage
If your business offers AI services, review existing Class 42 filings. Consider supplemental filings using the new AIaaS, AI consulting, and AI R&D terms to ensure your protection matches the classification language that examiners and courts will now use.
The 13th Edition is not just a terminology update -- it is a structural revision that changes how trademark searches work, how filings are classified, and how portfolios are managed. The dual-class search requirement alone will persist for years, as pre-2026 registrations remain in their original classes for the life of the mark.
Practitioners who update their workflows now will avoid the clearance gaps and filing errors that inevitably follow major classification changes. Those who do not will discover the gaps when it matters most -- during opposition, enforcement, or due diligence.
Sources: WIPO -- Coming on January 1, 2026: Thirteenth Edition of the Nice Classification, DLA Piper -- WIPO Releases 13th Edition of the Nice Classification: Key Points, Corsearch -- Nice Classification 2026: The Essential Guide for Trademark Professionals, Withers & Rogers -- Nice Classification Changes in January 2026, INTA -- INTA Participates in WIPO's Structural Review of Class 9, Obhan & Associates -- The 2026 NICE Refresh: Codifying AI Services in Class 42, Burges Salmon -- Navigating the 2026 Updates to Nice Classification, Gecic Law -- Nice Classification 13th Edition: Key Amendments and Practical Implications, Keltie -- Nice Classification Changes from January 2026.