Ecuador Adopts 13th Edition of the Nice Classification for Trademark Registration

By Robalino

Ecuador's National Service for Intellectual Rights (SENADI) has formally announced the adoption of the 13th Edition of the International Nice Classification (NCL 13-2026) for trademark registration purposes, applicable as of January 1, 2026, in accordance with procedures established by the World Intellectual Property Organization (WIPO).

The Nice Classification is a mandatory international system used in Ecuador for categorizing goods and services in the trademark registration process. It organizes products and services into 45 classes — classes 1 through 34 covering goods, and classes 35 through 45 covering services. The system was established by the Nice Agreement of 1957 and is revised periodically by WIPO member states to reflect market and technological developments.

Among the principal innovations of the new edition is the adoption of a functional criterion, which prioritizes the intended purpose or destination of a product or service over its composition or physical characteristics. 

A central expression of this shift affects Class 9, traditionally a broad category associated with technology products. Under the new edition, products with integrated technology are no longer automatically classified in Class 9; classification now depends on the product's primary function. Accordingly, a smart refrigerator falls under Class 11, a smart suitcase under Class 18, and a smart toy under Class 28.

Beyond the functional criterion, the new edition includes several specific transfers of product categories between existing classes:

Optical products — including prescription eyeglasses, sunglasses, contact lenses, and eyeglass cases and cords — move from Class 9 to Class 10. Emergency vehicles such as fire-fighting trucks, lifeboats, and evacuation chairs move from Class 9 to Class 12. Electrothermal garments and socks move from Class 11 to Class 25.

The 13th Edition also incorporates newly listed products and services, including nicotine preparations for smoking cessation (Class 5), mouthguards for bruxism (Class 10), third-party multimedia content subscriptions (Class 35), delivery robot rental services (Class 39), and Artificial Intelligence as a Service (AIaaS) under Class 42.

SENADI has clarified that NCL 13-2026 carries no retroactive effect. Applications filed through December 2025 will be examined under Edition 12 of the Nice Classification, while applications submitted from January 2026 onward will be processed under the new 13th Edition.