A Nice day for Classification

The 13th Edition of the Nice Classification came into effect on 1 January 2026. Trade mark offices worldwide have adapted their practices accordingly and, for the UAE, this took effect for all new trade mark applications filed on or after 27 January 2026.

For anyone who has filed a trade mark, or instructed someone to file an application, the terms ‘Nice Classification’ and ‘specifications’ will have come up in pre-filing discussion. This is an essential part of a trade mark registration, and the overall strategy in deciding what to protect.

But what is it?

An introduction to the Nice Classification

In summary, the Nice Classification is an international system for classifying goods and services when registering trade marks. It comprises 45 classes:

1. Classes 1 to 34 for goods.
2. Classes 35 to 45 for services.

This categorisation or grouping assists in clearance searching and identifying the parameters of what is protected by a registered trade mark.

This Nice Classification is an evolutionary system in that it will transfer certain goods and services to different classes when needed, and add new terminology reflecting technological progress and evolving commercial practices as and when required. For example, the concept of “influencer marketing” (Class 35) is not one that existed, or was included in the Nice Classification, in the 1990s.

The Nice Classification is administered by the World Intellectual Property Organisation (WIPO), a  specialised agency of the United Nations established in 1967 to promote and protect intellectual property worldwide.

Historical background

The origins of the current Nice Classification date back to 1935 and a classification system prepared by the United International Bureaux for the Protection of Intellectual Property (BIRPI) - the predecessor to WIPO.

The original framework included 34 classes and an alphabetical list of goods. It was later expanded to incorporate 11 service classes and an accompanying alphabetical list of services.

The International Classification of Goods and Services for the Purposes of the Registration of Marks (the Nice Classification) was established under the Nice Agreement on 15 June 1957 in Nice, France and entered into force on 8 April 1961. Under the Nice Agreement, a Committee of Experts (comprising representatives of all member states) is responsible for maintaining and updating the Classification. The Committee determines amendments such as:

• Reallocating goods and services between classes.
• Updating and expanding the alphabetical list.
• Revising class headings and explanatory notes.
• Introducing structural or terminological clarifications.

Parties to the Nice Agreement are required to apply the Nice Classification when registering trade marks, either as their primary classification system or as a supplementary one. They must also indicate, in official registration documents and publications, the relevant class numbers covering the goods and services for which a mark is registered.

Application of the Nice Classification is mandatory not only for national trade mark registrations in member states, but also for international and regional systems administered by:

• The African Intellectual Property Organisation (OAPI);
• The African Regional Intellectual Property Organisation (ARIPO);
• The Benelux Office for Intellectual Property (BOIP);
• The European Union Intellectual Property Office (EUIPO); and
• The International Bureau of WIPO under the Madrid System.

Due to cultural considerations, not all terms or classes in the Nice Classification are available in all countries. For example, Class 33, which covers alcoholic beverages, and terms relating to pork, are not available in the UAE or other countries in the region.

Development and Revisions

Since the Agreement entered into force, a number of substantial reforms have taken place. These include:

• Restructuring and clarifying class headings and explanatory notes.
• Introducing a “basic number” system for each listed item to enable cross-language comparison.
• Reorganising former Class 42 into the current Classes 42 to 45.
• A comprehensive harmonisation exercise between 2016 and 2020 clarified terminology and incorporated illustrative examples within each class.

The first edition of the Nice Classification was published in 1963. Traditionally, new editions entered into force every five years.  Since 2013, revisions have been issued annually, with updated versions taking effect on 1 January each year. Most recently, the 13th Edition was issued on 1 January 2026.

Significant changes in the 13th Edition

Several goods have been reassigned to different classes to better reflect their essential function or intended use. Selected examples include:

Additionally, some goods and services have been reclassified to reflect their changed purpose and with new terms introduced to reflect contemporary commercial activities. Selected examples include:

A complete breakdown of amendments is available through WIPO website at https://www.wipo.int/en/web/classification-nice.

Practical considerations

Trade mark applications must now comply with the 13th Edition where this is in force. Incorrect classification or terminology may result in examination objections or delays.

Trade marks registered or filed prior to 2026 are not required to be reclassified. They remain valid under the classification applicable at the time of filing.

It is important to note that the Nice Classification serves primarily an administrative purpose. The scope of protection is determined by the wording of the goods and services specification, not solely by the class number. Examining authorities will generally assess similarity based on the nature, purpose and commercial aspects of the goods or services rather than solely looking at a particular class.

This practice of cross-class examination is becoming more prevalent and, in any event, may need to take account of some of the reclassifications under the 13th Edition. For example, corrective eyeglasses registered before 2026 remain in Class 9, whereas new trade mark applications covering these goods must be made in Class 10. Accordingly, clearance searches and enforcement strategies for these goods should take both classifications (Classes 9 and 10) into account.

While the UAE has adopted the 13th Edition of the Nice Classification, this is not the case across all countries in the MENA region. For example, Saudi Arabia and Kuwait use pre-defined lists of goods and services. Only goods or services which appears on those lists can be claimed in a Saudi or Kuwait trade mark application. As a result, what appears in the specification of a UK and UAE trade mark registration may be the same but would be different to what appears in the Saudi and Kuwaiti registrations for the same trade mark.

Awareness of the amendments, and jurisdictional differences across the region, is essential for effective portfolio management, clearance searches, and strategic brand protection. This is particularly in rapidly evolving sectors such as artificial intelligence and advanced technologies and where there is a need to take account of local practices.