A Closer Look at the New Classification of Eyeglasses and Optical Products
While the saying goes that “everyone sees things through their own lens,” this is not the case in trademark law… The latest version of the Nice Classification contains various subtleties (and even complexities) regarding the protection of eyewear and optical products, which must therefore be understood in order to ensure the validity of one’s trademark rights.
The Nice Classification is the international framework used to define and classify the goods and services covered by trademarks.
While this new regulation applies primarily to new trademark applications, it also applies to already registered trademarks when they are renewed.
A major development in eyewear and optical products
As of January 1, 2026, several optical products have been reclassified from Class 9 to Class 10, including:
- prescription glasses;
- sunglasses;
- eyeglass lenses;
- eyeglass frames;
- contact lenses;
- eyeglass cases;
- eyeglass chains and cords;
- as well as certain other products specifically related to eyeglasses.
Why the change?
This change is based primarily on the function and intended use of the products in question.
Class 10 traditionally covers medical devices, which justifies the inclusion of certain optical products in this class.
Class 9 continues to cover optical products not intended for “medical” use (in the broadest sense), such as safety glasses, 3D glasses, smart glasses, sports glasses, and so on…
Pay special attention to the accessories
The change in classification does not apply only to (prescription) eyeglasses.
Certain accessories previously classified in Class 9 have also been transferred to Class 10, including eyeglass cases, frames, lenses, chains, and cords for eyeglasses.
What are the implications for trademark owners?
This development warrants special attention from the companies involved, on an international scale.
It is indeed important to ensure that new applications will comply with this change and will therefore be filed in Class 9 and/or 10, depending on the nature of the goods being offered.
Therefore, renewals of trademarks registered in Class 9 may need to be extended to Class 10.
So, have you started thinking about this? Legimark, an intellectual property consulting firm, is here to help you!
Alexandre Nogueira Perreira
, Pierre Favilli