Class Shake-Up in Nice Classification
In 2026, a major change to the international Nice Classification system will reclassify certain goods. This will affect how trademarks are filed and protected worldwide – including in Indonesia, which complies with the Nice system. Here, we’ll go through the planned changes, their impact on trademark practice in Indonesia, and practical steps that businesses should take now to prepare.
The Nice Classification & Indonesia
The Nice Classification is the global standard used to categorise goods and services into classes for trademark registration. It’s updated periodically under the World Intellectual Property Organization (WIPO) to reflect marketplace changes. This is binding on Indonesia as a contracting party, having formally acceded to the agreement in 2005. In fact, the Indonesian Trademark Office (DJKI) requires applicants to use a pre-approved goods/services list aligned with the Nice Classification – an approach aimed at improving consistency and ease of filing.
The Indonesian Trademark Office’s online filing database is updated regularly; Indonesia currently follows the 12th Edition of Nice Classification or NCL(12) and will adopt the 13th Edition of Nice Classification or NCL(13) when it takes effect. Note that the Directorate General of Intellectual Property (DGIP/DJKI) usually updates its classification system in line with WIPO editions.
What’s the Upcoming Changes?
From WIPO’s “List of Classes with Explanatory Notes” and related modification files, here are some of the goods/services that have been transferred between classes in NCL(13-2026). The list provided below is not exhaustive, but gives a sense of the scope and examples.
|
Good / Service |
NCL 12 / before update |
NCL 13 / new class |
|
Eyewear & related goods (spectacles, sunglasses, optical lenses, etc.) |
Class 9 | Class 10 Nice Classification |
| Emergency / rescue vehicles (fire engines, ambulances, lifeboats, etc.) | Class 9 | Class 12 Nice Classification+1 |
| Tongue scrapers | Class 10 | Class 21 Nice Classification |
| Electrically heated clothing / socks / footmuffs, etc. | Class 11 | Class 25 Nice Classification |
| Buttercream (as food preparation / confectionery item) | Class 29 | Class 30 Nice Classification |
| Ingredients / precursors for cosmetics / essential oils etc. | Class 3 | Class 1 (for the “ingredients for use in manufacture” portion) Nice Classification |
|
Nozzles for water hoses |
Class 21 | Class 17 Nice Classification |
These changes, adopted by WIPO’s Committee of Experts under the Nice Agreement with input from the International Trademark Association (INTA), aim to reduce existing confusion and overlap in existing classes.
Expect a circular letter or practice note by DJKI near end-2025 announcing adoption of NCL(13).
Impact on Trademark Practice
For new trademark applications filed on or after 1 January 2026, the above goods must be listed in their new classes. A filing that claims product in the Old Class after the change will almost certainly receive an objection or be reclassified by the examiner (e.g., filing eyewear in Class 9). Brand owners will need to adapt to the new classification to avoid delays or refusals.
Note that existing trademark registrations may not be reclassified automatically. For example, if you’ve registered “sunglasses” under Class 9, that registration stays valid. However, new applications for similar goods will now fall under Class 10. This shift may affect how conflicts are handled or how you enforce your rights. While your Class 9 registration remains unchanged, it’s worth considering additional protection in Class 10 to align with the new classification system.
These technical tweaks carry real implications for trademark owners and practitioners. Below are forward-looking recommendations for a smoother transition:
- Ease of Doing Business: Updating classifications helps avoid office actions and speeds up prosecution. Clients should adopt NCL(13) wording early.
- Enforcement: In disputes, opposing marks may now fall into different classes (e.g., eyewear in Class 9 vs. Class 10). Counsel must argue cross-class similarity more explicitly.
- Drafting Contracts: License agreements should anticipate classification shifts (e.g., “licensed mark for eyewear (Class 9 under NCL12 / Class 10 under NCL13)”).
The changes present an opportunity to audit and update your trademark portfolio. In short, it matters because a trademark only protects you as effectively as it’s classified.
Practical Steps For Business
- Audit Your Portfolio: Review existing related trademarks and consider re-registering them in the updated new class numbers to align with the new classification system.
- Monitor and Enforce Proactively: Expand trademark watching to include new class numbers to prevent infringers from exploiting classification changes and strengthen enforcement.
- New filings: Always use WIPO’s updated Goods & Services Manager to ensure compliance.
The reclassification of the Classes is a significant update to the Nice Classification. It’s not just a bureaucratic change; it affects day-to-day trademark practice and brand strategy. The good news is that with early action, you can ensure your trademarks remain protected against these upcoming changes.
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