Changes to the 2026 Nice Classification: Risks of Imprecise Specification and Consequences for Trademark Protection

Nice Classification 2026 (13th Edition): Key Class Changes and Their Impact on Trademark Filing in Serbia

March 09, 2026

As of January 1, 2026, the new 13th edition of the Nice Classification (Version 2026) has been implemented for all trademark applications filed from that date forward. This means that goods and services in every new application must be categorized according to updated names, explanatory notes, and terminology, in line with current international standards.

While “classification” is often viewed in practice primarily as an administrative matter, the incorrect, vague, or overly broad specification of goods/services is one of the most common reasons for subsequent office actions, as well as situations where disputes or enforcement proceedings reveal 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 purpose of trademark registration. It comprises 45 classes (1–34 for goods, 35–45 for services). Although it does not prescribe substantive trademark rules per se, it is practically relevant because the specification of goods and services defines the boundaries of the application and subsequent registration, directly affecting the scope of protection.

In other words: the list of goods/services is not a “supporting document,” but an element that significantly determines what you will be able to protect in the future and in what manner (in oppositions, cancellation proceedings, infringement litigation, licensing, etc.).

What’s New in Version 2026 (13th Edition)?

In most cases, these are terminological and systematic changes: refining terms, adding explanatory notes, and moving specific items to more appropriate classes. Although it may seem technical at first glance, this change is vital when the list of goods/services relies on general terms that were previously accepted but may now be deemed insufficiently specific or classified differently.

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

Who Should Pay Immediate Attention?

• Startups and IT companies filing generic descriptions (“software,” “platform,” “digital services”), as these most frequently trigger requests for clarification and alignment.
• E-commerce and multi-line brands, where the wrong class or inadequate specification may result in key products/services falling outside the scope of protection.
• Companies filing international (Madrid) applications, as specifications must align with both national practice and the new version applied in Serbia since January 1, 2026.

Key Changes in the 13th Edition of the Nice Classification

In practice, the changes in the Nice Classification are most felt at the specification level: what previously passed as “standard listing” may now require clarification, different categorization, or the division of a single term into multiple classes depending on its purpose. Below, we highlight the changes that have already proven significant for applicants and trademark portfolio management.

Changes in the Classification of Goods

• Prescription/Sunglasses and Contact Lenses: These products are no longer viewed primarily as “optical instruments” within Class 9 but are categorized in Class 10, emphasizing their medical/protective function.
• Emergency and Specialized Vehicles: Fire trucks, rescue boats, and similar vehicles are directed to Class 12, consolidating the logic that vehicles, as a rule, are grouped within one class regardless of their specific equipment.
• Electrically Heated Clothing: Products such as heated jackets, socks, or heated covers are now treated primarily as clothing items and categorized in Class 25, rather than Class 11 (heating apparatus). This focuses on the fundamental nature of the product, with heating viewed as an additional feature.
• Essential Oils (Categorization by Purpose): A single “automatic” classification in Class 3 no longer exists. Categorization is tied to specific use:
• Class 3: For perfumery/cosmetic purposes.
• Class 5: For medical or aromatherapeutic use.
• Class 1: For industrial/chemical use.
• Class 30: For food purposes (e.g., as flavorings).
  This is especially important for brands positioning the same product through different channels or for different needs.
• Yoga and Related Products: Terminology has been further “disciplined”: exercise equipment like yoga blocks is treated as sports equipment in Class 28, while specific apparel items (e.g., yoga gloves) are recognized in Class 25.
• New, Specific Products Following Market Trends: The classification has been updated with a series of new terms tracking real consumer trends (including pet products, decorative solutions, wellness, and entertainment products). The point of these additions is to use standardized terminology whenever possible instead of “free descriptions,” reducing the risk of inconsistent interpretation during the process.

Changes in the Classification of Services

• Artificial Intelligence as a Service (AI-as-a-Service): AI-based services are explicitly recognized in Class 42, which is particularly relevant for entities offering AI functionalities through platforms, cloud, or subscription models.
• Airport VIP Lounge Services: Providing access to VIP lounges at airports is now more clearly identified as a service in Class 43, within hospitality and related services.
• Notary Services: Notary services are explicitly listed in Class 45 (legal services), removing previous terminological ambiguity.
• New Forms of Entertainment Services (e.g., “Rage Rooms”): Spaces intended for breaking objects for entertainment/recreation are recognized within Class 41 as entertainment services.

Does it Affect Already Registered Trademarks?

As a rule, existing registrations remain registered with the content they were granted. However, problems may arise when later relying on an old list of goods/services in disputes, contracts (licensing, franchising), or when preparing a new application by copying an existing specification. In such cases, it often becomes clear that the previous formulation was too broad, imprecise, or terminologically outdated compared to modern practice.

Common Mistakes in Drafting Specifications

• Overly Broad and Vague Descriptions (“all types of software,” “all marketing services”) – these often seem to offer “broader protection,” but in practice, they lead to office actions and subsequent narrowing, resulting in a scope of protection smaller than expected.
• Copying Lists from Earlier Applications (e.g., 2021/2022) without verifying if the terms are still acceptable and classified the same way in the current version.
• Mixing Goods and Services in One Class, or listing them without clear differentiation (e.g., products + installation/maintenance services), which frequently triggers corrections and interpretational ambiguities.

Practical Steps Before Filing a New Application (After Jan 1, 2026)

Before filing, it is recommended to conduct an internal audit of the goods and services actually being traded or provided, as well as those realistically planned for the foreseeable business horizon. Following this, one should verify if the proposed descriptions fit the valid terminology of the Nice Classification (13-2026) and relevant WIPO publications/databases.

If you already have a registered brand and plan to expand your activities, it is not always necessary to resort to “defensive” adding of classes “just in case.” In practice, it is often more effective to focus on business-critical goods/services, keeping in mind that the specification largely determines the boundaries of the application and subsequent registration.

Conclusion

The 2026 Nice Classification is not a mere terminological correction. For applications filed from January 1, 2026, it represents the valid reference standard…