New Year, New Nice: 13th Edition of the Nice Classification - Changes, Impact, and Malaysia’s Current Position

As 2026 begins, the 13th Edition of the NiceClassification (Version 2026) has come into effect, introducing both minor adjustments (such as rewording) and major revisions (including the transfer ofgoods and services from one class to another). These changes may significantly influence how businesses strategise trademark protection.

In this article, we spotlight the key changes introduced in the 13th Edition, their implications, and Malaysia’s current position in reflecting these updates.

Key Changes

Transfers
Some of the most notable reclassifications include:

1. Spectacles, sunglasses, and contact lenses (and similar products): from Class 9 to Class 10.
2. Essential oils reclassified by intended purpose:
    
   • Manufacturing: Class 1
    
   • Cosmetic and fragrances: Class 3
    
   • Aromatherapy: Class 5
    
   • Food flavouring: Class 30
 
3. Rescue vehicles: from Class 9 to Class 12.
4. Electrically heated clothing: from Class 11 to Class 25.
5. Tongue scrapers: from Class 10 to Class 21.
6. Surf skis: from Class 28 to Class 12.
7. Buttercream: from Class 29 to Class 30.

Additions
New goods and services have been introduced for more precise classification:

1. Various yoga-related articles, e.g., yoga pillows and cushions (Class 20), yoga gloves (Class 25), and more.
2. Services relating to booking, arranging, and providing airport lounges: Class 43.
3. Novelty spectacles: Class 28 (despite regular spectacles moving to Class 10).
4. Scraping therapy (also known as Gua Sha): Class 44.

Deletions and Changes
Several terms have been deleted or changed:

1. “Protection devices for personal use against accidents” has been deleted from Class 9.
2. “Rental of office machines and equipment” has been deleted from Class 35.
3. The “Umbrellas” term of umbrella and parasols in Class 18 has been clarified as “hand-held umbrellas and parasols,” while patio umbrellas are now specified in Class 22.

For a detailed overview, see:

• WIPO Information Notice No. 37/2025: link
• Official NCLPUB “Modification” tab: link
• WIPO Excel revision file: link

Implications

• No retrospective effect: Applications filed under earlier editions remain valid and will not be reclassified.
• Cross-searching required: Identical or conflicting goods may now fall under different classes, making cross-classification searches essential for full clearance.
• Broader trademark watch: Monitoring across more classes is necessary to avoid missing opportunities to oppose conflicting marks.
• Business review: Owners should revisit their business activities involving their trademark application to ensure that their trademark registrations continue to cover the goods or services used in their day-to-day operations including any licensing arrangements specifying particular goods or services within certain classes.

Current Position in Malaysia

Although the 13th Edition of the NiceClassification has already taken effect internationally, the IntellectualProperty Corporation of Malaysia (MyIPO) is still in the process of updating its pre-approved list of goods and services. Until these updates are implemented, any goods or services that have yet to be reclassified or amended in MyIPO’s list must be filed as non-pre-approved.

During this transitional period, certain practical challenges may arise in the management of trademark applications and registrations. Specifically, uncertainty remains regarding the appropriate measures for renewal or divisional applications involving goods or services that are subject to reclassification.

As of March 5, 2026, MyIPO has not issued anyPractice Direction concerning mandatory reclassification or the implications of amendments to the pre-approved list. Consequently, the position remains uncertain. We will continue to monitor developments and will provide definitive guidance once MyIPO issues official instructions or clarification on the implementation of the updated classification system.

If you have any queries on the above, please feel free to contact the authors of the article, Henry Phoon  (henryphoon@chphoon.com) or Chong Hui Herng (huiherng@chphoon.com)

** This article is intended for general information of the clients of our Firm. It should not be regarded as legal professional advice. If you require advice based on specific facts, please feel free to contact us.

© 2026 CH Phoon& Associates. All Rights Reserved

‍