Why Trademark Classification Matters
Trademark classification is a foundational element of securing and enforcing IP rights. Every trademark application must include a list of goods and services and how those offerings are categorized determines the scope of protection, search results, examiner review, oppositions, enforcement, and international filings.
The Nice Classification, an internationally harmonized system administered by the World Intellectual Property Organization WIPO, divides goods and services into 45 classes (1–34 for goods; 35–45 for services) to standardize how trademarks are classified globally.
On 1 January 2026, the 13th Edition of the Nice Classification entered into force, bringing significant updates that impact trademark filings worldwide.
This article compares how the 13th Edition affects trademark practice in India and the United Arab Emirates UAE, focusing on adoption, classification changes, enforcement considerations, and practical compliance steps for brand owners.
This Article is a Part of our The Ultimate Guide to Intellectual Property Law Blogpost.
The Nice Classification 13th Edition: Overview of Key Changes
The 13th Edition introduces reallocations, refined definitions, new service entries, and adjustments that reflect modern commerce and technology.
Transfer and Reclassification of Goods
Several notable reclassifications in 2026 include:
- Eyewear such as spectacles, sunglasses, and contact lenses moved from Class 9 to Class 10 due to their functional and medical nature.
- Emergency vehicles such as fire engines and lifeboats are now in Class 12 instead of Class 9.
- Electrically heated clothing like heated socks shifted from Class 11 to Class 25.
- Essential oils are now classified based on intended use such as cosmetic, medical, or food, which distributes them across multiple classes.
These changes mirror logical commercial groupings and help examiners assess applications based on product purpose rather than legacy assumptions.
Recognition of New Services
- Artificial Intelligence as a Service and other AI related services are now explicitly recognized in Class 42 for technological services.
- Certain hospitality and premium experience services such as airport lounge services are categorized under appropriate service classes such as Class 43.
The classification now better reflects digital, tech driven, and platform-based services that were previously embedded in broader terms.
No Structural Class Addition
The 13th Edition does not add new class numbers; it refines and redistributes goods and services across the existing 45 classes.
Implementation in the UAE: Official Adoption and Requirements
Effective Adoption Date
The UAE’s Ministry of Economy and Tourism and the Trademark Office issued a formal administrative circular stating that the 13th Edition applies to all new trademark applications filed on or after 27 January 2026. Before this date, the UAE used the prior edition.
Practical Impacts for Filings in the UAE
From 27 January 2026 onward:
- All new trademark applications must use the updated class headings and product and service descriptions as per the 13th Edition to avoid office actions or provisional refusals.
- Incorrect classification or outdated specifications can lead to examination delays, objections, or narrower protection than intended.
- Existing registrations remain valid in their current classes and are not automatically reclassified but new filings for similar goods and services must comply with the updated structure.
Why This Matters in the UAE Context
- The UAE is now aligned with global standards, reducing disparity between local and international trademark classifications.
- For brands registering in the UAE and abroad through the Madrid Protocol, consistent classification reduces ambiguity in oppositions, prosecution, and enforcement.
Implementation in India: Practical Adoption
Unlike the UAE, India does not automatically issue formal public notices immediately upon each Nice edition’s release. However, the Indian Trademark Office follows WIPO classification updates in practice for all new applications filed on or after 1 January 2026.
Status of Adoption
- The 13th Edition came into force on 1 January 2026, and it is the prevailing standard used by trademark practitioners worldwide, including India.
- Formal public announcements about adoption by the Indian Registrar may follow, but in practice, filings in 2026 are classified using the updated 13th Edition.
- Pending or existing registrations filed before 1 January 2026 continue to be examined based on the previous edition and are not automatically reclassified.
Notable Changes Relevant to India
Apart from the general reclassifications outlined above, the 13th Edition introduces modern service terminologies, especially for AI services in Class 42, such as AI as a Service, AI consultancy, and AI research services, offering clearer protection pathways for technology brands.
India’s unique context, with a rapidly growing AI and digital services economy, makes this adjustment especially significant.
Comparative Assessment: India vs UAE
| Feature | India | UAE |
|---|---|---|
| Effective date of NCL 13 adoption | Practically 1 Jan 2026 for new filings | Officially 27 Jan 2026 |
| Formal official notice | Not yet widely publicized; compliance driven by practice and counsel guidance | Yes, administrative circular issued |
| Impact on existing registrations | No automatic reclassification | No automatic reclassification |
| Tech and AI service recognition | Explicit Class 42 terminology useful for AI businesses | Same structural changes apply across all classes |
| Risk of Office Actions if non-compliant | High for new filings not aligned to 13th Edition | High if applications after 27 Jan use outdated classes |
Practical Guidance for Brand Owners and Practitioners
Ensuring compliance with the 13th Edition is essential to avoid procedural hurdles. Below are detailed action steps for trademark stakeholders:
For New Filings
- Audit goods and services descriptions before filing to ensure they reflect classifications under NCL 13 2026.
- Use updated tools such as WIPO’s Madrid Goods and Services Manager to map terms accurately to newer classes.
- Particularly in India, avoid reliance on outdated templates from pre-2026 specifications; use current terminology.
For Existing Portfolios
- Portfolio audit: Identify trademarks where goods and services have been reclassified, such as eyewear, heated apparel, and AI services.
- Consider voluntary amendments at renewal or during changes in business offerings to update classifications within scope.
- Maintain clarity in enforcement and oppositions by referencing correct class entries under the 13th Edition.
Cross-Border Strategy
- For Madrid Protocol filings, understand that offices of origin apply the 13th Edition for new international applications received on or after 1 January 2026.
- In the UAE, Madrid designations must consider the 13th Edition for new national counterparts filed after 27 January 2026.
Turning Classification Changes into Strategic Advantage
The Nice Classification 13th Edition represents far more than a technical update. It reflects significant shifts in global commerce, technological adoption, and branding strategy. In an era where businesses are increasingly digital, AI-driven, and globally interconnected, how a brand is classified can directly influence its enforceability, market reach, and competitive positioning.
For trademarks in India and the UAE, the changes signal several important strategic imperatives:
- Realign filing strategies to current classifications: Businesses must carefully review their goods and services descriptions to ensure alignment with the 13th Edition. Misalignment can result in delayed registration, limited scope of protection, or unintended exposure to oppositions. Strategic classification ensures brands are future-ready and maintain strong legal standing.
- Expand protection in emerging domains like AI and digital services: With explicit recognition of AI services and other technology-driven offerings, businesses have the opportunity to secure protection in areas that were previously ambiguous. Proper classification ensures that innovations in software, digital platforms, and AI-powered solutions are fully safeguarded.
- Avoid procedural setbacks through proactive specification review: Regular audits of both new filings and existing portfolios can prevent office actions, objections, and unnecessary legal disputes. Proactive review also allows businesses to anticipate classification changes before they impact enforcement or expansion strategies.
- Maintain portfolio coherence across jurisdictions: For companies operating in multiple markets, particularly those filing through the Madrid Protocol or other international frameworks, consistency in classification is critical. Harmonized classification across India, the UAE, and other jurisdictions reduces the risk of legal conflicts, strengthens oppositions, and facilitates smoother international enforcement.
Staying ahead of classification revisions is an ongoing process, but the benefits extend far beyond mere compliance. Businesses that integrate classification strategy into their IP management gain clearer, stronger, and more enforceable brand protection, a competitive edge in global markets, and the ability to leverage trademarks as strategic assets rather than mere legal formalities.
Ultimately, the 13th Edition is an opportunity for brand owners to not only secure their intellectual property but also to position their trademarks as dynamic tools for growth, innovation, and long-term market advantage in an increasingly complex and competitive business landscape.
