Major Changes in the 13th Edition of the Nice Classification and Practical Implications

The 13th edition of the Nice Classification entered into force on January 1, 2026, and applies to all new trademark applications filed on or after that date in jurisdictions that adopt it.

The updates primarily involve reclassifications, additions of new terms, and refinements based on intended use. Notable examples include:

– Essential oils — Now classified by purpose: those for use in manufacture go to Class 1, while those for cosmetic/fragrancing purposes remain in Class 3.

– Eyewear and related items (e.g., spectacles, eyeglasses, lenses, frames, contact lenses, sunglasses, anti-glare glasses) — Transferred from Class 9 to Class 10 (to reflect their medical/therapeutic nature). Note: Smart glasses remain in Class 9.

– Rescue/emergency vehicles (e.g., fire engines, fire boats, life-saving rafts, lifeboats) — Moved from Class 9 to Class 12 (vehicles).

– Heated clothing — Transferred from Class 11to Class 25 (clothing).

– Artificial intelligence services (AIaaS) — Explicitly recognized in Class 42 (scientific and technological services).

– Other adjustments affect various classes (e.g., certain medical, cosmetic, food-related, or industrial items).

These changes aim to enhance clarity, consistency, and alignment with current market trends.

AI Services in Class 42

The 13th edition explicitly recognizes artificial intelligence (AI) as a distinct service category, reflecting the growth of AI as a standalone industry rather than just a subset of general software or IT services. Previously, AI-related offerings were often covered under broader terms like “computer programming,” “software as a service [SaaS],” or “technological consultancy.”

Key AI-specific terms now included:

– artificial intelligence as a service [AIaaS] — This is the flagship new entry covers cloud-based or platform-delivered AI infrastructure and capabilities, such as providing access to large language models (LLMs), machine learning platforms, generative AI tools, predictive analytics services, or AI processing via APIs/subscriptions. It targets businesses offering AI as a hosted, on-demand service (similar to SaaS but specialized for AI).

– artificial intelligence consultancy — Advisory services on implementing, strategizing, or optimizing AI solutions (distinct from general IT consulting).

– research in the field of artificial intelligence technology — R&D focused specifically on advancing AI methods, algorithms, models, or applications.

It is advisable for trademark holders to revise their portfolios in respect of the goods and services mentioned above and especially, if the portfolio describes AI services in general terms, it may be a good idea to file new applications to specify these services clearly, especially when renewing or expanding your trademark coverage.

The jurisdictions where the IPR GROUP operates – including Ukraine, Kazakhstan, Moldova, Uzbekistan, Tajikistan, Turkmenistan, Azerbaijan, Georgia, Armenia, and Kyrgyzstan – have already adopted and currently follow the 13th edition of the Nice Classification.

In light of these recent developments, the IPR GROUP team is available to provide expert guidance and support for new trademark applications.