Nice Classification 2026 (13th Edition): Key Class Updates and Their Impact on Trade Mark Filings in Serbia

March 09, 2026

As of 1 January 2026, the new 13th edition of the Nice Classification (version 2026) applies to trade mark applications filed from that date onwards. This means that the goods and services in each new application must be classified according to the updated class headings, explanatory notes and terminology, in line with the applicable international standard.

Although classification is often perceived in practice as primarily an administrative matter, inaccurate, imprecise or overly broad identification of goods/services remains one of the most common reasons for subsequent requests to remedy deficiencies, as well as for situations where—only in contentious proceedings or enforcement—it becomes apparent that the registration does not cover what the applicant expected.

What is the Nice Classification and why is it legally relevant?

The Nice Classification is an international system for classifying goods and services for the purposes of trade mark registration. It comprises 45 classes (Classes 1–34 for goods and Classes 35–45 for services). While it does not in itself lay down substantive trade mark law rules, it is practically significant because the specification of goods and services delineates the scope of the application and, subsequently, the scope of the registration—thereby directly affecting the extent of protection.

In other words, the list of goods/services is not merely “supporting paperwork”; it is a key element that substantially determines what you will be able to protect in the future and by what means (in opposition proceedings, invalidation proceedings, infringement litigation, licensing, and the like).

What does the 2026 version (13th edition) bring?

In most instances, the changes are terminological and systemic in nature: clarification of terms, supplementation of explanatory notes, and the reallocation of certain terms to more appropriate classes. While this may appear technical at first glance, it becomes decisive where a specification relies on generic wording that previously passed muster but may now be considered insufficiently specific or classified differently.

It is therefore particularly important that applicants do not rely on “templates” from prior years without verification, because the same business model or product may now be expected in a different class or under more precise terminology.

Who should pay particular attention?

• Startups and IT companies filing generic descriptions (“software”, “platform”, “digital services”), as this is precisely where requests for clarification and alignment of terminology most frequently arise.
• E-commerce businesses and brands with multiple product lines, where an incorrect class or an inadequate specification may result in a key product/service falling outside the scope of protection.
• Companies filing international (Madrid) applications, because the specification must also be properly aligned with national practice, and in Serbia the new version applies to applications filed from 1 January 2026.

Key updates in the 13th edition of the Nice Classification

In practice, the updates to the Nice Classification are most noticeable at the level of the specification: what previously qualified as “standard wording” may now require further precision, different classification, or a division of the same concept across multiple classes depending on the intended purpose. Below we highlight changes that have already proven relevant for applicants and for trade mark portfolio management.

Changes in the classification of goods

• Prescription/sunglasses and contact lenses — These products are no longer treated primarily as “optical instruments” within Class 9; they are classified in Class 10, with emphasis on their medical/protective function.
• Emergency service and specialised vehicles — Fire engines, rescue boats and similar vehicles are directed to Class 12, reinforcing the approach that vehicles are, as a rule, consolidated within a single class regardless of specialised equipment.
• Electrically heated clothing — Items such as heated jackets, socks or heated covers are treated primarily as clothing and classified in Class 25, rather than Class 11 (heating apparatus/devices). The classification is based on the essential nature of the product, with heating treated as an additional feature.
• Essential oils (classification by intended purpose) — There is no longer an automatic “one-size-fits-all” classification in Class 3. Classification is tied to the specific intended purpose:
• for perfumery/cosmetic purposes: Class 3,
• for medical or aromatherapy use: Class 5,
• for industrial/chemical use: Class 1,
• for food purposes (e.g., as flavourings): Class 30.
  This is particularly important for brands positioning the same product through different channels or for different uses.
• Yoga products and related activities — Terminology has been further “disciplined”: exercise equipment such as yoga blocks is treated as sporting equipment in Class 28, while certain apparel items (e.g., yoga gloves) are recognised in Class 25.
• New, specific products reflecting market trends — The Classification has been supplemented with a range of new terms reflecting consumer trends (including pet products, decorative solutions, “wellness”, and novelty/entertainment products). The point of these additions is that, where possible, applicants should use standardised terminology rather than “free-form” descriptions, as this reduces the risk of inconsistent interpretation during examination and later proceedings.

Changes in the classification of services

• Artificial Intelligence as a Service (AI-as-a-Service) — AI-based services are expressly recognised in Class 42, which is particularly relevant for entities offering AI functionality via platforms, cloud solutions, or subscription models.
• Airport VIP lounge services — Providing access to airport VIP lounges is now more clearly identified as a service in Class 43, within hospitality and related services.
• Notarial services — Notarial services are expressly listed in Class 45 (legal services), removing a previous terminological ambiguity that in practice was sometimes addressed through descriptive wording.
• New forms of entertainment services (e.g., “rage rooms”) — Facilities intended for breaking objects for entertainment/recreation are recognised in Class 41 as entertainment services, providing another example of how the Classification follows new business models.

Do the updates affect already registered trade marks?

As a rule, existing registrations remain recorded in the form in which they were granted. However, issues may arise when relying on an older specification in disputes, agreements (licensing, franchising), or when preparing a new filing by reproducing an existing specification. In such cases, it often becomes apparent that earlier wording was overly broad, imprecise, or terminologically outdated relative to current practice.

Common pitfalls in drafting the specification of goods/services

• Overly broad and indefinite descriptions (“all types of software”, “all marketing services”) — these may appear “more protective”, but in practice they can lead to requests to remedy deficiencies and subsequent narrowing, meaning the final scope of protection may be smaller than expected.
• Copying lists from older filings (e.g., 2021/2022) without verifying whether the terms remain acceptable and classified in the same manner under the current version.
• Mixing goods and services within a single class, or listing them without clear delineation (e.g., products + installation/maintenance services), which often triggers corrections and interpretative uncertainty.

Practical steps prior to filing a new application (after 01 January 2026)

Before filing, it is advisable to prepare an internal inventory of the goods and services that are actually placed on the market or provided, as well as those realistically planned within a reasonable business horizon. Thereafter, the proposed descriptions should be checked against the current terminology of the Nice Classification (13-2026), i.e., the relevant WIPO publications and databases, and—where necessary—aligned and refined so that the specification is clear, standardised, and classification-consistent.

Where an existing brand is already registered and the business intends to expand into additional activities, it is not necessarily appropriate to take a “defensive” approach by adding classes “just in case”. In practice, it is often more effective to focus on business-critical goods/services, bearing in mind that the specification largely defines the boundaries of the application and subsequently the registration, and thus the scope of protection in relevant proceedings (in particular opposition proceedings, invalidation proceedings, and trade mark infringement litigation).

Conclusion

The Nice Classification 2026 is not merely a terminological adjustment. For applications filed from 1 January 2026, it constitutes the applicable reference standard. Accordingly, it is justified to devote additional attention before filing: a precisely drafted specification of goods and services will, as a rule, reduce the risk of subsequent requests to remedy deficiencies and contribute to greater legal certainty that the registration will cover what is commercially material to the applicant.