Review of changes in the International Classification of Goods and Services

Author
Trademark Attorney

Trademark Registration and the Nice Classification

A trademark serves to individualize goods and services; accordingly, it is registered in relation to specific goods and services grouped in accordance with the International Classification of Goods and Services (ICGS). This classification was established by the Nice Agreement (1957), which is why it is commonly referred to as the Nice Classification.

The Nice Classification consists of 45 classes, which include goods and services grouped according to their purpose: classes 01–34 cover goods, while classes 35–45 cover services. Each class is represented by a class heading containing generic indications and a list of specific goods or services. When selecting the relevant classes, it is important to correctly identify the goods and services of interest, as certain goods and their related services may fall within different classes.

Application of the 13th Edition of the Nice Classification

The list of goods and services in a trademark application must comply with the current version of the Nice Classification. On January 1, 2026, the 13th edition of the Nice Classification entered into force and must be used by applicants in the Russian Federation when filing national and international applications.

If the list of goods and services does not comply with the current version of the Nice Classification, the examiner may issue an office action requesting the applicant to:

  • delete an incorrect item;
  • amend the wording;

transfer the item to another class, either within the classes already claimed or by adding an additional class subject to payment of the relevant official fee.

Updating the Nice Classification is a periodic process driven by global technological and economic developments. These developments lead to the emergence of new goods and services, as well as the disappearance of obsolete products that are replaced by new alternatives.

Such changes are reflected in the Nice Classification because a registered trademark protects the interests of manufacturers and service providers. The more up-to-date the Classification is, the more precise the scope of trademark protection becomes.

Despite regular updates, some widely used products are still not expressly included in the Nice Classification. For example, Class 08 does not contain the term “styler,” a multifunctional hair-styling device that combines the functions of a hair dryer, curling iron, straightener, and tongs. The Classification includes the individual items “hair dryers,” “hair curling tongs,” and “hair straighteners,” but not the combined device.

Another example is the “air fryer,” a kitchen appliance that has become increasingly popular in recent years. At present, Class 11 only includes the broader term “grills [cooking appliances].”

New Goods and Services Introduced in the 13th Edition

Several new goods and services were introduced with the 13th edition of the Nice Classification, including:

  • essential oils for industrial use (Class 01);
  • essential oils for aromatization (Class 03);
  • aromatherapy oils (Class 05);
  • sewing awls (Class 08);
  • smart walking sticks for visually impaired persons (Class 10);
  • phytolamps for growing plants (Class 11);
  • chess clocks (Class 14);
  • yoga straps (Class 28);
  • fresh avocados (Class 31);
  • rental of payment terminals (Class 36);
  • repair and maintenance of spectacles (Class 37);
  • provision of smash rooms and rage rooms for entertainment purposes (Class 41);
  • Artificial Intelligence as a Service (AIaaS) (Class 42);
  • notary services and storage of personal belongings for third parties (Class 45).

This list is not exhaustive.

In addition, certain synonyms have been removed, clarifying descriptions have been introduced, and word inversions have been applied where appropriate.

Significant discussion within the professional community was caused by the transfer of certain terms to different classes. For example:

  • “spectacles” were moved from Class 09 to Class 10;
  • “surf skis” were moved from Class 28 to Class 12;
  • “electrically heated clothing” was moved from Class 09 to Class 25.

Such changes affect the assessment of similarity and relatedness of goods and services. Previously registered trademarks and applications filed before January 1, 2026, remain unchanged; their specifications continue to apply in the form in which they were originally filed or registered.

At the same time, when examining an application covering “spectacles” in Class 10, a Rospatent examiner will also review Class 09, since this item was previously classified there. Accordingly, any pre-filing trademark search should take these changes into account.

How to Track Amendments to the Nice Classification

Rospatent has published the List of Classes of Goods and Services with Explanatory Notes to the 13th Edition of the Nice Classification. A separate section highlights the amendments made:

  • new entries are marked with a green background;
  • items amended in accordance with WIPO recommendations are marked with an orange background;
  • items transferred from one class to another are marked with a blue background;
  • amendments specific to the Russian-language version are marked with a lilac background.

This system makes it easier to navigate the Classification and quickly identify relevant changes.

A separate issue concerns international applications based on Russian registrations and applications filed before January 1, 2026. When filing such international applications, applicants must use the current 13th edition of the Nice Classification; otherwise, Rospatent may issue an office action during its review of the international application materials.

Impact of the New Official Fee Structure

As of October 4, 2025, the amount of official fees payable to Rospatent at the filing stage depends not only on the number of classes selected but also on the number of items claimed within each class.

This approach appears to be intended to discourage applicants from claiming entire class headings without a genuine commercial interest, thereby limiting unnecessary barriers for other market participants. Where a trademark covered broad specifications, third parties often had only limited options, such as cancellation actions for non-use (after three years), acquisition of the trademark, or opposition proceedings where appropriate grounds existed.

The increased fees for extensive specifications encourage applicants to claim only those goods and services for which they actually conduct business. This enables examiners to carry out a more focused assessment of similarity and reduces the number of conflicting marks cited during examination.

New Approach to Trademark Renewals

Changes have also been introduced in relation to trademark renewals. Renewal fees now depend not only on the number of classes but also on the number of items maintained within each class.

As a result, trademark owners are encouraged to streamline their specifications and retain only those goods and services that are genuinely relevant to their business activities. This narrows the scope of protection by removing “dead” goods and services for which no actual use exists.

Naturally, the revised fee structure also contributes to increased revenue for the state budget.

At the same time, the changes discussed above should be carefully considered when planning a trademark filing strategy in order to avoid unnecessary expenses and procedural delays.

Author
Trademark Attorney