For many businesses, trade marks have traditionally been managed on a “set and forget” basis: filed once, renewed when required, and rarely revisited.
However, 2026 may be the catalyst for a more strategic and commercially focused approach.
A more dynamic trade mark landscape in 2026
Trade mark filing activity is expected to continue accelerating, particularly in technology-driven sectors. This growth places increased emphasis on precision when identifying goods and services, and navigating evolving filing requirements.
From 1 January 2026, the 13th Edition of the Nice Classification (NCL 13-2026) came into force. This update modernises the classification system to reflect technological developments and international treaty obligations.
One notable example is Class 9, which now more clearly captures digital and virtual products, driving increased filings for artificial intelligence, software, and virtual goods. Applicants relying on outdated terminology or legacy classifications risk objections, delays, or increased prosecution costs.
Key classification changes to be aware of
Beyond digital goods, NCL 13-2026 introduces reclassification across a range of industries. Items such as eyewear, heated clothing, emergency and rescue vehicles, and essential oils have shifted classes, with classification now driven more by function and use rather than historical groupings.
While trade marks filed before 2026 remain valid in their original classes, these changes create practical challenges. Existing registrations may no longer align with current classifications, additional filings may be required for adequate protection, and clearance searches must account for both old and new class structures.
Without review, businesses risk gaps in protection at a time of increasing competition.
Recognising the commercial value of trade marks
If you didn’t realise it already, your company’s trade marks are valuable intangible assets. If 2026 is a year of growth, investment, or sale, a well-managed trade mark portfolio can support franchising and licensing, improve investment readiness, and add certainty in mergers or acquisitions.
During due diligence, buyers closely scrutinise trade mark portfolios for outdated specifications, ownership issues, and enforcement risks, all of which can impact valuation.
Preparing your trade mark strategy for 2026
Trade marks are no longer just legal filings. They underpin brand equity, market positioning, and long-term business value. As regulatory frameworks modernise, businesses that proactively review and adapt their trade mark strategies will be best placed to protect and leverage their brands.
- Lane Neave offers trade mark portfolio support to help brands navigate the year ahead. Please contact us if you require assistance.
