newoal
The World Intellectual Property Organisation (WIPO) has announced the upcoming implementation of the Thirteenth Edition of the Nice Classification, set to take effect on January 1, 2026. This update marks a significant milestone in the ongoing evolution of the international system for classifying goods and services in trademark registrations. As part of the Madrid System for international trademark protection, the Nice Classification ensures consistency across borders, and this new edition introduces refinements to better align with modern commerce, technology, and consumer trends.
Understanding the Nice Classification
Established under the Nice Agreement of 1957, the Nice Classification is a standardised framework used by over 150 countries to categorise goods and services for trademark purposes. It divides them into 45 classes: 34 for goods and 11 for services, facilitating efficient registration, searching, and protection of trademarks globally. The system is administered by the World Intellectual Property Organisation (WIPO) and undergoes major revisions every five years, with annual updates to reflect emerging industries like digital services, sustainable products, and health technologies.
The classification is crucial for the Madrid Protocol, which allows trademark owners to seek protection in multiple countries through a single application. Without a harmonised system, international filings could lead to inconsistencies, disputes, or inadequate coverage.
Key Changes in the Thirteenth Edition
The 13th edition, whose advance publication was made available in June 2025, focuses on reclassifications, transfers between classes, and minor amendments to class headings. These adjustments aim to clarify ambiguities and adapt to real-world usage. Here are the main updates:
Transfers and Reclassifications of Goods
- Eyewear and Optical Products: Items such as eyeglasses, sunglasses, contact lenses, frames, chains, and cords are moving from Class 9 (scientific and technological apparatus) to Class 10 (medical instruments). This shift emphasises their therapeutic and health-related functions. However, non-medical optical devices like magnifying glasses and telescopes remain in Class 9, as do “smart glasses” due to their electronic components.
- Rescue and Emergency Vehicles: Goods like fire engines, fireboats, lifeboats, and rescue rafts are transferring from Class 9 to Class 12 (vehicles). This consolidates all vehicle types under one class for better logical grouping.
- Electrically Heated Clothing: Products including heated garments, socks, and footmuffs (both heated and non-heated) are shifting from Class 11 (environmental control apparatus) to Class 25 (clothing). This recognises them primarily as apparel rather than heating devices.
- Essential Oils: These are now classified based on intended use rather than a blanket category. Cosmetic oils stay in Class 3, medical or therapeutic ones move to Class 5, and those for food purposes go to Class 30.
- Personal Care Items: Electric toothbrushes are relocating from Class 10 to Class 21 (household utensils).
Changes to Services
- Optician and Eyewear-Related Services: Optician services are largely removed from Class 44 (medical services). Repair and maintenance of glasses now fall under Class 37 (building and repair services), while retail sales of optical goods are grouped in Class 35 (advertising and business services). Only optometry and rental of prescription glasses or sunglasses remain in Class 44.
The Thirteen edition will apply to all international applications received on or after January 1, 2026, as well as those forwarded to WIPO after the two-month limit under Article 3(4) of the Madrid Protocol. Existing registrations filed before this date will not be automatically reclassified, preserving their original protections. For applicants, WIPO advises reviewing the modifications carefully, especially if relying on a basic mark classified under an earlier edition.
Trademark owners should:
- Conduct searches and monitoring in both old and new classes to avoid gaps (e.g., eyewear in Classes 9 and 10).
- Review portfolios and contracts, as class-based agreements might need amendments.
- Prepare for potential reclassification requirements during renewals.
Impact of the Thirteenth Edition in Nigeria
Although Nigeria is not a signatory to the Madrid Treaty, the country applies the Nice Classification system to all national trademark registrations.
From 1 January 2026, new trademark applications in Nigeria are advised to comply with the Thirteenth Edition of the Nice Classification. Existing registrations will remain unchanged; however, to ensure continued protection, trademark owners should:
- File new trademark applications using the updated classifications;
- Conduct searches and monitoring across both old and new classes; and
- Review existing trademark portfolios where affected goods or services are involved.
This development aligns Nigeria with global best practices and promotes clearer and stronger trademark protection.
The Importance of This Update
The Thirteenth Edition underscores the Nice Classification’s role in adapting to a dynamic global economy. By reclassifying items like eyewear and essential oils, it addresses evolving consumer needs, such as the growing emphasis on health tech and personalised wellness while reducing overlaps and ambiguities that could lead to legal disputes. This ensures more accurate trademark protection, which is vital for businesses operating internationally, where inconsistent classifications could expose brands to infringement or dilution.
In an era of rapid innovation, these changes promote efficiency, potentially reducing processing times and costs for applicants. For industries like fashion, healthcare, and automotive, the updates mean stronger, more relevant protections. Ultimately, the edition enhances global IP harmonisation, fostering fair competition and innovation while helping trademark holders safeguard their assets in a borderless market.