INTA Participates in WIPO’s Structural Review of Class 9

The World Intellectual Property Organization (WIPO) hosted the 35th Session of the Committee of Experts of the Nice Union (CE35), in Geneva, Switzerland, from April 28 to May 2, 2025. The event marked an important step toward resolving longstanding concerns regarding the scope and usability of Class 9 under the Nice Classification.

The Nice Classification is fundamental to the global trademark ecosystem, providing a standardized system for the classification of goods and services for trademark registration, thereby facilitating international trade and intellectual property (IP) protection.

For years, Class 9, officially covering “Electrical and Scientific Apparatus,” has been among the most heavily utilized classes, driven by the rapid proliferation of digital and virtual goods, including software, NFTs (non-fungible tokens), and digital representations of physical products used in virtual environments. The resulting diversity within Class 9 poses practical challenges for trademark examination, clearance, and registration across national IP offices.

In response to these growing complexities, the Harmonization of Trademark Law and Practice Committee’s International Classification Subcommittee initiated a dedicated research project in 2022 to study these issues and explore potential technical solutions. Through this comprehensive effort, the Subcommittee developed and shared four main approaches with WIPO and various stakeholders:

1. Subdividing Class 9;
2. Transferring goods to existing classes;
3. Creating new classes; and
4. Not requiring separate registration for virtual versions of tangible goods.

These proposals were presented for consideration during CE33 and CE34 and were also the topics of informed policy dialogues between the Subcommittee, WIPO, and national IP offices.

Acting on these important contributions and the identified challenges, WIPO’s International Bureau (IB) launched a significant project. The first initiative took place in July 2024, when the IB conducted a survey of the member states of the Nice Union which directly referenced INTA’s four suggestions. Although no single approach garnered united support, the idea of transferring goods from Class 9 into existing classes emerged as the most pragmatic and feasible solution.

In response to the survey’s findings, the IB identified seven areas within Class 9 as potentially falling within the scope of other existing classes: breathing, clothing, eyewear, fire, lifesaving, protection, and vehicles. These were submitted for consideration under Group 2 discussions during CE35.

Following expert review and member state deliberation, the Committee of Experts reached consensus on two pivotal reclassifications:

1. Eyewear-related goods (including spectacles, sunglasses, and contact lenses) were moved from Class 9 to Class 10; and
2. Emergency and rescue vehicles (e.g., fire engines and lifeboats) were transferred from Class 9 to Class 12.

These amendments were approved by the Committee of Experts and incorporated into the revised Class 9 Explanatory Note, which now explicitly excludes these categories. The new Nice Classification 13th edition will enter into force on January 1, 2026.

This outcome is a meaningful step in reducing congestion in Class 9 and provides a foundation for further refinement of the international classification system.

Although the scope of the immediate changes is limited, they represent the constructive results of years of discussions and effective collaboration among WIPO, member states, and key associations such as INTA.

The International Classification Subcommittee remains committed to contributing to discussions by providing technical analysis and policy input to support future debates. INTA looks forward to continuing its collaboration with WIPO and national offices to advance practical and balanced improvements to the classification system.

The full list of approved changes and affected goods is available on WIPO’s Conferences, Meetings and Seminars site.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

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