With effect from 1 January 2026, South Africa has formally transitioned to the 13th Edition of the Nice Classification (NCL 13-26), following its international implementation by the World Intellectual Property Organization on the same date. The change was confirmed locally by the Companies and Intellectual Property Commission through Practice Note 3 of 2025, published on 9 December 2025. From 1 January 2026 onwards, all trade mark specifications filed in South Africa must comply with the updated classification system.
The 13th Edition introduces a wide range of amendments across multiple classes. These include the refinement of existing descriptions, the removal of outdated terminology and the reallocation of goods and services to classes that more accurately reflect their primary function or intended use. The revisions signal a continued move away from overly broad or catch-all classifications towards a more purpose-driven framework.
A significant shift under the new edition concerns the classification of essential oils. Rather than being treated uniformly under class 03, essential oils are now classified according to their end use. Oils intended for cosmetic purposes remain in class 03, while those formulated for medical or pharmaceutical use fall within class 05. Essential oils used as raw materials or ingredients in manufacturing processes are now placed in class 01. In line with this functional approach, references excluding essential oils have been removed from classes 05, 30 and 34. Food and beverage flavourings, whether oil-based or otherwise, are classified in class 30, while flavourings intended for tobacco products fall under class 34.
Further notable changes affect class 09, historically one of the broadest and most heavily relied-upon classes. Various optical goods, including eyeglasses, contact lenses, sunglasses and eyeglass cases, have been removed from class 09 and reclassified under class 10, which covers medical apparatus and articles. This reallocation reflects the functional reality of these products and narrows the scope of class 09. Complementing this shift, spectacle and eyeglass repair and maintenance services have been expressly included in class 37.
Other items have similarly been removed from class 09 and repositioned elsewhere. Nose clips for swimmers have moved to class 10, aligning them with medical and bodily apparatus rather than scientific or technological goods. Fire engines and fire trucks are no longer classified in class 09 and have been transferred to class 12, consistent with the latter’s focus on vehicles.
Changes have also been made to classes relating to apparel and accessories. Electrically heated clothing, previously included in class 11, is now classified under class 25, reinforcing its treatment as clothing rather than electrical equipment. Umbrella and parasol components have been redefined and more precisely categorised. Hand-held umbrellas and parasols, together with their ribs, remain associated with class 18, while larger patio umbrellas, which are not portable or hand-held, have been added to class 22, which includes items such as tents, tarpaulins and awnings.
In the services classes, the 13th Edition reflects emerging commercial trends. Smash rooms and rage rooms have been introduced under class 41 as entertainment services. In addition, artificial intelligence as a service (AIaaS) has been incorporated into class 42, acknowledging the growing role of AI-driven services within the technology sector.
South Africa’s adoption of NCL 13-26 ensures continued alignment with international trade mark standards and promotes consistency for rights holders operating across multiple jurisdictions. While the changes enhance clarity and precision, they may also necessitate portfolio reviews, reclassification exercises and broader search strategies when filing or enforcing trade marks. Overall, the revisions reflect a deliberate move towards a more nuanced and function-based classification system, better suited to contemporary commercial realities.
