The Nice Classification of Goods and Services (the “Nice Classification”) is an international system used to organise goods and services for trade mark registration. It is used across the world, including in South Africa, and affects  how trade marks are filed, examined and protected.

The 13th Edition of the Nice Classification (NCL 13-2026) came into effect 1 January 2026. While the classification is updated regularly, a new edition usually brings more noticeable changes. This includes moving certain goods into different classes and updating how some products and services are described.

For South African brand owners, these changes matter as they affect how new trade mark applications are filed, how existing trade mark portfolios are reviewed, and how brand rights are protected over time.

What is Changing in 2026?

NCL 13-2026 will apply to all new trade mark applications filed on or after 1 January 2026.

Trade marks that were filed before this date will generally retain their existing classification and will not be reclassified automatically. However, where certain goods or services have since been placed in different classes, this will affect how the trade mark register is searched, how existing trade mark registrations are enforced and how new trade mark applications are filed.

Key Changes to the Classification of Goods

One of the notable updates introduced by NCL 13-2026 is the reclassification of certain commonly protected goods, as illustrated by the examples below.

Eyewear and Optical Products

A significant change affects eyewear. Previously, products such as spectacles, sunglasses and contact lenses were classified in class 9, which includes optical apparatus. From 2026, these items will move to class 10, which includes medical and healthcare-related products.

This change recognises the functional and health-related nature of optical products. It is important to note, however, that smart glasses or wearable devices whose primary function is electronic, will remain in class 9.

Businesses operating in the eyewear sector should therefore ensure that any trade mark applications filed from 2026 onwards are for protection in class 10. In some cases, it may be worth filing applications in more than one class to maintain strong brand protection.

Emergency and Rescue Vehicles

Emergency and rescue vehicles, such as ambulances, fire engines and lifeboats, will move from class 9 (special purpose apparatus) to class 12 (vehicles and means of transport). This move was a logical reclassification since ambulances, fire engines and lifeboats would be considered as vehicles and/or means of transport.

This change is particularly relevant for businesses involved in automotive manufacturing, emergency services or defence-related industries.

Electrically Heated Clothing

Electrically heated clothing will be reclassified from class 11 (apparatus for lighting, heating and cooking) to class 25 (clothing, footwear and headwear). Although these garments contain heating elements, they are now classified according to their main nature as clothing rather than as heating apparatus.

This update will be particularly relevant for clothing, outdoor and lifestyle brands.

Other Notable Product Changes

In addition to the key updates outlined above, a number of other products are reclassified under NCL 13-2026. These include:

  • Terpenes moving from class 3 (finished consumer products) to class 1 (industrial chemicals), to better reflect their primary commercial function as industrial/chemical substances rather than finished cosmetic goods;
  • Buttercream and icing products moving from class 29 (diary) to class 30 (prepared, culinary or flavouring products), so that its classification turns more decisively on how the product is used and perceived in trade, not just on its ingredient make-up;
  • Certain hose nozzles moving from class 21 (household/consumer utensils and equipment) to class 17 (rubber/plastic goods and pipe-related components), to reflect the technical function and industry context, rather than superficial similarity to consumer goods;
  • Tongue scrapers moving from class 10 (medical and dental instruments) to class 21 (personal hygiene and grooming implements), to reflect everyday commercial reality and regulatory character, rather than an overly technical notion of “medical use.”

Updates Affecting Services

While most of the major changes relate to products, a number of service categories have also been clarified. In particular, services relating to eyewear are now more clearly divided, for example:

  • Selling eyewear (retail and wholesale) falls under class 35 (retail, wholesale, online platforms, advertising and business services);
  • Repairing or maintaining optical goods falls under class 37 (repair maintenance and installation services); and
  • Optometry and eye-care services remain in class 44 (medical, healthcare, hygienic and beauty services).

This clearer separation makes it easier to describe services accurately when filing a trade mark application.

What this Means for South African Brand Owners

Filing New Trade Mark Applications

From 1 January 2026, trade mark applications will need to comply with the 13th Edition of the Nice Classification. Using outdated descriptions or older templates may result in queries   or objections from CIPC, as well as unnecessary delays.

When filing, businesses should make sure their goods or services are clearly described and correctly classified under the new edition.

Reviewing Existing Trade Marks

Although the classifications of existing registrations will not be amended automatically, it may be sensible to review current trade mark applications/registrations to assess whether any important products or services now fall into new classes or if it would be worthwhile filing in more than one class. In some cases, reclassification or filing an additional application can help to strengthen protection and reduce risk.

Searching for Conflicting Trade Marks

When checking whether a new trade mark is available for registration, it is now important to consider both the previous and updated classes for certain products. For example, trade mark searches for eyewear brands should now cover both class 9 and class 10 during this transitional period.

Enforcing Trade Mark Rights

If a trade mark registration needs to be enforced, the classification of goods and services may play a role in assessing whether the use of an allegedly infringing mark, is confusingly similar. Although classification is not the only factor, it can influence how disputes are assessed and decided.

Practical Steps to Take Now

South African brand owners should:

  • Familiarise themselves with the updated list of goods and services in the 13th Edition of the Nice Classification;
  • Review existing trade mark portfolios to see whether any key products or services are affected by the update;
  • Review internal processes for trade mark clearance searches and filing trade mark applications ; and
  • Get professional advice when launching new products in categories that have been reclassified.

Conclusion

The 13th Edition of the Nice Classification reflects changes in how products and services are perceived in the current commercial environment.

By planning ahead and ensuring that trade mark applications align with the updated classifications, brand owners can reduce risk and maintain strong, effective brand protection. In a market where brand value plays an increasingly important role, understanding how trade marks are classified is essential to ensuring a sound intellectual property strategy.