South Africa has officially adopted the 13th Edition of the Nice Classification (NCL 13-26) with effect from 1 January 2026, following its implementation by the World Intellectual Property Office on the same date. The Companies and Intellectual Property Commission gave notice to this effect through Practice Note 3 of 2025, published on 9 December 2025, which provides that the updated classification applies to all trade mark specifications from 1 January 2026.

The 13th Edition introduces changes across numerous classes, including additions, deletions, and refinements in wording, generally to better reflect the intended purpose of the goods or services.

One of the most notable changes concerns essential oils, which no longer fall squarely within class 03. Instead, the classification thereof 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 and 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 now been removed from classes 30 and 34, and flavouring used as food or beverage (whether oils or not) are classified in class 30, and those intended for tobacco flavouring (whether oils or not) are part of class 34.

Other changes include the deletion of eyewear from class 09 and the movement of optical products such as eyeglasses, contact lenses, sunglasses and eyeglass cases from class 09 to class 10, which covers medical apparatus and articles. This narrows the scope of the notoriously broad class 09 and aligns the classification of these goods with their functional purpose. Interestingly, also concerning the optician field, spectacle and eyeglass repair and maintenance have been added to class 37. 

Other articles were also transferred from class 09 to other classes, further limiting the ambit of class 09. Nose clips for swimmers have similarly moved from class 09 to class 10, as its purpose and nature arguably align more closely to medical apparatus and articles than with the scientific, technological or safety-related articles typically falling in class 09. Fire engines and trucks are no longer part of class 09 as well, and are now classified in class 12, which is sensible as class 12 covers vehicles.

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 but 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, including nets, tents and tarpaulins and awnings, among other things. 

In the services classes, a timely addition pertains to smash rooms and rage rooms, which falls under class 41 for entertainment purposes. Another forward-looking addition pertains to artificial intelligence as a service (AIaaS) in class 42.

The adoption of the 13th Edition of the Nice Classification (NCL 13-26) ensures that South Africa remains harmonised with international standards, providing clarity for brand owners and trade mark prosecution teams, specifically those with multinational interests. On the other hand, these changes may require reclassification, trade mark portfolio audits and broader suites of classes for search purposes. Overall, these changes, however, seem to reflect a more purpose-driven approach to classification.