How to Trademark Series

2026 Trademark Filing Changes Under Nice Classification 13

2026 Trademark Filing Changes Under Nice Classification 13

If you’re planning to trademark a brand name, logo, or product in 2026, there’s an important update you should know about. The 13th edition of the International Classification of Goods and Services, known as the Nice Classification, officially entered into force on January 1, 2026—and it brings several meaningful changes that affect how trademarks are researched and filed.

While the Nice Classification is an international system, it directly influences how trademarks are classified in the United States through the USPTO’s Trademark ID Manual. In short: classification changes can impact both clearance research and application accuracy, and getting them wrong can lead to delays, refusals, or unexpected costs.

Let’s break down what changed, why it matters, and what business owners should keep in mind.

What Is the Nice Classification?

The Nice Classification is a global system that organizes goods and services into 45 trademark classes:

  • Classes 1–34 cover goods
  • Classes 35–45 cover services

The goal is consistency. Whether a trademark is filed in the U.S., the EU, or elsewhere, the same general class structure applies.

However, each country applies the Nice Classification through its own rules. In the U.S., the USPTO uses the Nice framework but requires descriptions that align with its Trademark ID Manual. That’s why changes to Nice matter—even for U.S.-only filings.

Why the 13th Edition Matters More Than You Might Expect

The Nice Classification is updated regularly, but the 13th edition includes several reclassifications and clarifications that affect common consumer products, emerging technologies, and modern services.

If you rely on outdated assumptions—especially from older filings or online examples—you could:

  • Search the wrong class and miss conflicts
  • File in an incorrect class and face an Office Action
  • Limit your protection unintentionally

Comprehensive trademark research looks at both current and older classifications, because trademarks filed before January 2026 remain listed in their original classes.

Key Classification Changes You Should Know

Essential Oils & Food Flavorings Are Now Separated

Essential oils are now classified based on their purpose:

  • Class 1: Essential oils used in manufacturing or industry
  • Class 3: Essential oils used for fragrance or personal care
  • Class 5: Essential oils used for aromatherapy

In addition, all food flavorings are now classified in Class 30. Previously, some flavor-related products—especially those involving essential oils—were inconsistently classified.

Why this matters: A wellness or food brand could easily miss a conflicting mark if searches don’t account for these clarified boundaries.

Eyewear Moves from Class 9 to Class 10

The following items have been moved:

  • Corrective glasses
  • Sunglasses
  • Contact lenses

They are now classified in Class 10 (medical apparatus), not Class 9.

Why this matters: Older eyewear trademarks may still live in Class 9, meaning thorough research must cover both old and new classifications.

Emergency and Rescue Vehicles Reclassified

  • Fire engines
  • Fire boats
  • Lifeboats

These are now in Class 12 instead of Class 9.

This aligns them with other vehicles rather than safety or technical equipment.

Umbrellas and Parasols Are Finally Clarified

  • Hand-held umbrellas and hand-held parasols: Class 18
  • Patio umbrellas: Class 22

This eliminates confusion between personal accessories and outdoor furnishings.

Electrically Heated Clothing Moves to Class 25

Electrically heated clothing not intended for medical or safety purposes has moved from Class 11 to Class 25 (clothing).

This is especially relevant for apparel and lifestyle brands using heating technology.

Yoga Products Are Classified by What They Actually Are

Instead of lumping yoga products together, they are now classified by their nature:

  • Class 20: Yoga and meditation cushions, benches, bolsters
  • Class 25: Yoga gloves
  • Class 27: Meditation mats
  • Class 28: Yoga blocks, wheels, straps

Why this matters: A yoga brand may need multiple classes to properly protect its product line.

Artificial Intelligence as a Service Is Officially Recognized

Artificial intelligence as a service (AIaaS) is now a recognized entry in Class 42.

This is a major update for tech startups and SaaS companies using AI-driven platforms.

Other Notable New Additions

Beyond the headline changes, the 13th edition also introduces a range of modern and unexpected additions that reflect how quickly the marketplace is evolving. In Class 9, new entries now account for emerging technology and safety needs, including virtual mirrors, pet life jackets, and riot shields. Class 18 expands to include Nordic walking poles, while Class 20 now clearly covers items such as seed-based figurines and furniture altars.

Consumer lifestyle trends also make an appearance. Beard aprons have earned a place in Class 25, and stress balls are now specifically recognized in Class 28. The growth of electric vehicles and alternative fueling models is reflected in Class 37, which now includes EV battery swapping services and the rental of fuel dispensing machines.

Service-based innovation is also well represented. Class 39 now accounts for subscription-based car rental services and the rental of delivery robots, while Class 41 has expanded to include experiential offerings like rage rooms and drone light shows.

Together, these additions underscore an important reality: as products, services, and business models evolve, trademark classification systems must evolve right alongside them.

Why This Matters for Trademark Research

Trademark clearance research isn’t just about what your brand is called—it’s about where and how it’s used.

With the 13th edition:

  • Relevant trademarks may now appear in different classes than before
  • Older registrations may still exist in prior classifications
  • Overlapping goods and services may be spread across multiple classes

A comprehensive search accounts for both current and historical classification logic to properly assess risk.

Why This Matters for Application Preparation

When filing a U.S. trademark application:

  • The USPTO expects accurate class selection
  • Descriptions must align with the current Trademark ID Manual
  • Incorrect classifications often result in Office Actions or refiling costs

Filing correctly from the start saves time, money, and frustration—and helps ensure your brand protection matches your actual business.

Final Thoughts

The Nice Classification 13th edition may sound technical, but its impact is very real for business owners looking to trademark their brands in 2026 and beyond. Classification changes affect what you search, where you file, and how strong your protection is.

Understanding these updates is a key part of making smart branding decisions.

Ready to Protect Your Brand?

At TradeMark Express, we help business owners navigate trademark research and application preparation with clarity and confidence. Our comprehensive trademark searches reflect the latest Nice Classification updates, and our application support is designed to help filings move smoothly through the USPTO.

Contact TradeMark Express today to make sure your trademark strategy is aligned with today’s rules—not yesterday’s assumptions.

The information provided on this site is for general informational purposes only. All information on the Site is provided in good faith; however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, validity, or completeness of any information on the Site. The Site cannot and does not contain legal advice. The legal information is provided for general informational and educational purposes only, and is not a substitute for legal advice. Consult a licensed attorney for legal advice.
Shannon Moore

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Shannon Moore

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