Marcelle Samons | Admitted Attorney | Associate | Trademark Prosecution Department | Adams & Adams | mail me |
South Africa has officially adopted the 13th Edition of the Nice Classification (NCL 13-26) with effect from 1 January 2026. The World Intellectual Property Office implemented this edition on the same date.
The Companies and Intellectual Property Commission (CIPC) gave notice through Practice Note 3 of 2025, published on 9 December 2025. The notice confirms that the updated classification applies to all trademark specifications from 1 January 2026.
About the Nice Classification 13th edition
The 13th Edition introduces changes across numerous classes. These include additions, deletions, and refinements in wording. The changes generally aim to better reflect the intended purpose of goods or services.
One of the most notable changes concerns essential oils. Essential oils no longer fall squarely within class 03. Instead, their classification now depends on their purpose. Essential oils for cosmetic use remain in class 03, while oils for medical or pharmaceutical purposes fall within class 05.
The phrase “other than essential oils” has now been removed from class 05 indications. Essential oils used as ingredients in the manufacture of cosmetics or pharmaceuticals fall under class 01. The phrase “other than essential oils” has also been removed from classes 30 and 34.
Flavouring used as food or beverage, whether oils or not, is classified in class 30. Flavouring intended for tobacco, whether oils or not, is classified in class 34. These refinements demonstrate the more purpose-driven approach introduced by the Nice Classification 13th edition.
Revisions to class 09 and optical goods
Other changes include the deletion of eyewear from class 09. Optical products such as eyeglasses, contact lenses, sunglasses and eyeglass cases have moved from class 09 to class 10, which covers medical apparatus and articles. This change narrows the scope of the notoriously broad class 09 and aligns the classification of these goods with their functional purpose.
Interestingly, in the optician field, spectacle and eyeglass repair and maintenance have been added to class 37.
Other articles have also transferred from class 09 to other classes, which further limits the ambit of class 09. Nose clips for swimmers have similarly moved from class 09 to class 10. Their purpose and nature align more closely with medical apparatus and articles than with scientific, technological or safety-related articles, typically in class 09.
Fire engines and trucks are no longer part of class 09 and are now classified in class 12, which covers vehicles. These structural changes reflect the harmonisation objectives of the Nice Classification 13th edition.
Clothing, umbrellas and reclassified physical goods
Electrically heated clothing now falls within the broader clothing category and has shifted from class 11 to class 25. Umbrella and parasol ribs are no longer recorded as such in class 18. They are now described as “umbrellas and parasols being small portable goods for protection against weather conditions”, “ribs for hand-held umbrellas or parasols” and “handheld parasols”.
Accordingly, patio umbrellas, which are neither small nor intended to be handheld, have been added to class 22. Class 22 includes nets, tents, tarpaulins and awnings, among other items.
In the services classes, a timely addition pertains to smash rooms and rage rooms. These fall under class 41 for entertainment purposes. Another forward-looking addition pertains to artificial intelligence as a service (AIaaS), which now falls in class 42. These additions highlight how the Nice Classification 13th edition anticipates emerging service models and technologies.
Implications for trademark owners and practitioners
The adoption of the 13th Edition of the Nice Classification (NCL 13-26) ensures that South Africa remains harmonised with international standards.
The 13th Edition of the Nice Classification provides clarity for brand owners and trademark prosecution teams, particularly those with multinational interests. However, these changes may require reclassification, trademark portfolio audits and broader suites of classes for search purposes.
Overall, these changes reflect a more purpose-driven approach to classification under the Nice Classification 13th edition.
