Summary: Are you in the business of AI in India? New changes in 2026 to trademark classifications (in Class 42 of the NICE 13th Edition) impact how AI-related business and brand identities are protected in India.
The 13th edition of the Nice Classification (referred to as NCL 13-2026) came into effect on 1 January 2026. We have already provided an overview of the changes in the new edition earlier here. In this note, we focus on the inclusion of Artificial Intelligence (AI)-related terminology in Class 42. In the light of broader industry developments, it comes as no surprise that such terminology is acquiring greater currency, especially for technology-oriented practices and AI-enabled offerings.
Updates to the Nice Classification
The Nice Classification is used by trademark attorneys worldwide during the filing and prosecution of trademark applications. It categorizes goods and services into 45 different classes, which assists attorneys through the process of securing and protecting trademarks, including in identifying prosecution strategies, drafting specifications, managing portfolios, clearance searching, and enforcement.
To keep up with changing times, the Nice Classification is updated in two cycles: firstly, the annual “version” published every year, that enters into force on January 1; and secondly, the periodic “editions” published every three years. The 12th edition, which was in effect from January 1, 2023, to December 31, 2025, has now been replaced by the current edition.
Editions usually bring in administrative changes or clarifications to the classification system, and typically include the addition of new items, the deletion of obsolete ones, or clarificatory descriptions.
Changes to Class 42
Generally, Class 42 deals with scientific, technological and related services. Previously, AI-related services were captured under broad umbrella terms, such as “computer programming” or “software as a service (SaaS)”. With the latest update, terminology within Class 42 now recognises AI as a standalone technological pillar.
Some AI-specific entries in Class 42 include:
- AI as a Service (AIaaS):
This captures AI infrastructure, allowing clients engaged in LLM (Large Language Model) access or machine learning platforms to protect core offerings. This is also an acknowledgement of brands and service providers offering AI capabilities as standalone, cloud-delivered services, that are separate from traditional software or consulting. - Consultancy in AI:
This focuses on AI consulting and advisory services, which is distinct from general IT consulting. - Research in AI technology:
This is another newly introduced category, particularly useful for firms involved in AI research and development.
Implications for AI-related businesses
For trademark registrations in India, the adoption of the latest NICE version is usually formally announced by way of a public notice by the Intellectual Property Office (IPO). This has not been done as yet, but will likely be announced in due course. In practice, the NCL 13-2026 is now the governing standard for new filings in 2026.
Significantly, it may be noted that the NCL 13-2026 applies only to new filings. In other words, existing registrations, and applications pending before January 1, 2026, will not be reclassified. However, it would be prudent to reevaluate existing trademark portfolios, especially where businesses operate in AI or AI-adjacent services. It would be useful to determine whether existing trademarks and pending applications (as the case may be) sufficiently cover the scope of services, and avoid any unintended limitations.
This is also an opportunity for branding strategies to move beyond broad or generic descriptions. Trademark specifications for new applications must be aligned with this updated terminology, to reduce risks of misclassification or examiner objections. Additionally, these AI-specific terms also provide a comprehensive enforcement mechanism against competitors.
There may also be instances where businesses have already filed applications in the legacy class 42, and their applications are facing objections at the Trademark Registry for reasons relating to classification. For such entities, it might be useful to revisit the application, and assess whether a request for amendment of specifications would be useful (to overcome the objections and ensure that the business’ scope of activities are sufficiently covered).
Separately, the new edition has also brought in other changes, such as reclassifications, additions, deletions, etc., which must be noted while conducting clearances and watch scopes. For example, brands previously monitored under legacy classes might need to be assessed under newly reclassified categories.
Conclusion
The NCL 13-2026 is an example of how the international intellectual property framework is evolving to keep pace with innovation in the real world. Businesses can now carve out distinct identities for AI-related goods and services, so long as they are mindful of the changes in the classification, and sanitize their portfolios regularly and strategically.
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