New 12th edition of the nice classification - 1 January 2023

In October 2022, the World Intellectual Property Organization (WIPO) made an announcement regarding the implementation of the 12th edition of the Nice Classification, scheduled to take effect on January 1, 2023. For those unfamiliar with the Nice Classification, it serves as the international system for categorizing goods and services in the context of trademark registrations.

What are the significant alterations?

The 12th Edition of the Nice Classification has introduced standard classifications for various goods and services, reflecting the evolving landscape shaped by factors like conflicts, the COVID-19 pandemic, the rise of non-fungible tokens (NFTs), and heightened global environmental awareness. Here are some of the key changes:

Class 9:

• New Items: This category now encompasses downloadable digital files authenticated by non-fungible tokens [NFTs], cases designed for smartphones that incorporate keyboards, gimbals designed for smartphones and cameras, and humanoid robots featuring communication and learning functions for assistance and entertainment.
• Amended Items: Notable changes include the modification of "downloadable computer software for managing cryptocurrency transactions using blockchain technology" to "downloadable computer software for managing crypto asset transactions using blockchain technology."

Class 10:

• New Items: This class now includes respiratory masks designed for medical purposes and breathing apparatuses for medical use.

Class 24:

• New Items: This category now encompasses yoga blankets and yoga towels.

Class 45:

• Deletion: The class heading item "personal and social services rendered by others to meet the needs of individuals" has been removed.
• New Items: New class heading items include dating services, online social networking services, funerary services, and babysitting.

A comprehensive list of these changes can be found on WIPO's official website.

What steps should you take as the owner of existing trademarks?

The Nice Classification serves as an administrative tool aimed at standardizing the categorization of goods and services. It proves invaluable for searching for existing trademark rights and establishes a consistent fee structure, with each class incurring a separate fee. Despite its administrative nature, the classification holds significant importance, especially during the examination of trademark applications. Objections to new applications often arise based on prior trademarks that fall within the same or related classes. Consequently, staying abreast of changes made to the Nice Classification is of paramount importance.

We strongly recommend that you conduct a thorough review of your existing trademark portfolios to ensure that your trademarks are adequately protected and can continue to block new trademarks that may now fall within your field.