Trademark Classification Changes: What Filers Must Update

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The United States Patent and Trademark Office, writing for the Commerce Department, published 91 FR 54963 on August 26, 2026. This rule is effective on January 1, 2027. It revises two class headings in 37 CFR Part 6 to match Nice Classification, 13th edition, version 2027, and it does not change the substantive standards for registering a mark.

When does the January deadline actually bite?

The USPTO states, in the DATES section of 91 FR 54963, that this rule is effective on January 1, 2027. That is the date the amended class headings in 37 CFR Part 6 take effect. The notice carries RIN 0651-AD96.

The change applies by application filing date. The preamble cites 37 CFR Part 2(a) for the proposition that the international classification system is the controlling system used by the United States and that it applies, for all statutory purposes, to all applications filed on or after a date the sealed abstract does not restate here, and their resulting registrations. A pending application filed before January 1, 2027 therefore keeps the classification in effect on its filing date. The rule does not say that an application already on file must be reclassified mid-examination to the 2027 headings.

Filings submitted on or after January 1, 2027 will be examined against the revised Class 6 and Class 9 headings in 37 CFR Part 6. A docket that still uses the pre-2027 wording for a new application after that date is the operational miss.

This page draws on a sealed snapshot of 1086 U.S. federal rules from 11 agencies, published September 1, 2023 – September 1, 2026. Later Nice versions are outside that window unless the USPTO publishes another final rule.

What actually changes in the class headings?

The USPTO issues this final rule to incorporate classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, according to the abstract in 91 FR 54963. Those changes are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (13th ed., ver. 2027), published by the World Intellectual Property Organization, and will become effective on January 1, 2027.

The notice is narrow. It amends two class headings to more clearly define the types of goods appropriate to the class. It does not create a new class, does not transfer goods from one class to another, and does not change the substantive criteria for registration, according to the Discussion of Regulatory Changes and the Administrative Procedure Act analysis in 91 FR 54963.

The USPTO amends 37 CFR Part 6 to revise Class 6 to replace the comma following “alloys” with a semicolon. The revised Class 6 heading, quoted from the amendatory text, begins: “Common metals and their alloys; ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes.”

The USPTO amends 37 CFR Part 6 to revise Class 9 to replace “divers'” in “divers' masks” and “divers” in “ear plugs for divers, nose clips for divers” with “diving” and to replace “gloves for divers” with “diving gloves.” The revised Class 9 heading, quoted from the amendatory text, includes the goods phrase “diving suits, diving masks, ear plugs for diving, nose clips for diving, diving gloves, breathing apparatus for underwater swimming; fire-extinguishing apparatus.”

The remainder of the reprinted the applicable section schedule is the international schedule of classes of goods and services as the USPTO is adopting it. The Discussion of Regulatory Changes names only Class 6 and Class 9 as the headings being revised. A paralegal who rewrites every class heading in the firm's template set is doing work the notice does not require. A paralegal who leaves Class 9 templates saying “divers' masks” after January 1, 2027 is using superseded wording for new filings.

The rule does not say that a registration issued under the prior heading is invalid. The rule does not say that a specimen, a drawing, or a use date has to be refiled because of this heading change. The rule does not say a new filing fee. Where 91 FR 54963 is silent, this page does not invent a requirement.

Who has to act before January?

The reader who has to move is the trademark paralegal or prosecution attorney at a small IP firm that files U.S. applications and manages identification-of-goods language. The USPTO is revising 37 CFR Part 6, which is the international schedule used in examination. Firms that draft Class 6 or Class 9 identifications, or that copy heading language into filing checklists, are in scope.

A firm that never files in Class 6 or Class 9 still needs to know the effective date, because a later amendment that adds those classes after January 1, 2027 will be examined against the new headings. A firm that only monitors existing registrations, and that will not file or amend in those classes, has a smaller task: calendar the date and leave pending files on their original filing-date classification.

The rule does not say that foreign associates, Madrid holders, or state-law users of a mark are exempt. The rule does not say that a TEAS Plus identification picked from the USPTO's Manual of Acceptable Identifications is automatically rewritten. Those are implementation questions. The notice revises the class headings; it does not publish a mapping table for every acceptable identification.

Related law-firm operational pages on this site include legal document automation, legal court filing automation, and the legal conflict-of-interest checks checklist. Those pages do not interpret 91 FR 54963.

What should a firm have ready by the date?

Readiness is a docket and template problem. Each open trademark matter needs a filing date, a class list, and a note whether the identification uses Class 6 or Class 9 heading language that will be stale on January 1, 2027.

1. Inventory every open trademark application and every template that pastes a class heading or a Class 6 or Class 9 identification, then mark the application filing date against January 1, 2027.

2. Leave pending applications filed before that date on the classification in effect on their filing date. The rule does not say to reclassify them mid-examination.

3. Rewrite new-application templates so Class 6 uses the semicolon after “alloys” and Class 9 uses “diving” rather than “divers'” / “divers,” quoting 91 FR 54963.

4. Flag any new filing scheduled on or after January 1, 2027 that still carries the old heading, and route it to the responsible attorney before it is submitted.

5. Record that this rule does not change registrability standards, so a refusal analysis is still a human legal judgment, not a heading swap.

6. Keep the Federal Register notice next to the template change so a later reviewer can see the source of the wording.

Alt Legal is the docketing system many trademark practices already use to store application numbers, class lists, and office-action dates. Trademark Center is the USPTO's electronic filing system for trademark applications and subsequent filings. Neither product is named in 91 FR 54963. The operational question is whether the identification text stored in Alt Legal, and the class heading a filer pastes into Trademark Center, will still say “divers' masks” on a January filing.

The rule does not say how a firm must configure Alt Legal or Trademark Center. The rule does not say that a docket timestamp proves the identification is acceptable. Those tools can hold the class, the filing date, and the text. A qualified attorney still decides whether the goods are in the right class.

What is the cost of missing the January date?

Filing a new application on or after January 1, 2027 against superseded Class 6 or Class 9 heading language is a classification miss. The examiner will be applying the revised 37 CFR Part 6. The notice does not publish a penalty dollar amount for using the old heading. The rule does not say a surcharge, a new filing fee, or a statutory damages figure. Where 91 FR 54963 is silent on a dollar figure, this page does not invent one.

The practical exposure is an office action, a delayed publication, or an identification that has to be rewritten after filing. That is time on the docket, not a fine named in this notice. The USPTO also states that the changes do not alter the substantive standards by which it evaluates trademark applications, so missing the heading update is a procedural classification problem, not a new registrability test.

A firm that treats every open Class 9 application as if it must be amended on January 1, 2027 is overreaching the filing-date limitation. A firm that keeps “gloves for divers” in a new-application template after that date is underreaching it. Both errors are avoidable if the docket stores the filing date next to the class.

How does a firm operationalize the update at volume?

Reconcile the matter docket against the change: each open matter maps to the filing, appearance, or fee the rule now requires and its due date. US Tech Automations flags matters still running on the superseded procedure and routes the correction to the responsible attorney.

That is a flag-and-route job. US Tech Automations can mark an Alt Legal matter whose identification still says “divers' masks” and whose filing is scheduled on or after January 1, 2027, and send that record to the attorney who owns the file. It cannot decide whether goods belong in Class 9, cannot file in Trademark Center, and cannot certify that an identification is acceptable to the USPTO.

The useful volume pattern is one source event per matter, split by filing date. Pre-effective-date applications stay on their filing-date classification. Post-effective-date applications need the revised headings. Mixing those two into a single “update every Class 9 file” task is how a firm either amends applications the rule does not require it to amend or ships a new filing on stale wording.

US Tech Automations can keep those two queues separate, attach the Federal Register discussion of Class 6 and Class 9, and escalate a missing owner. A qualified attorney still decides the identification. The software routes; counsel concludes.

What questions do trademark filers still ask?

Which class headings actually change?

Class 6 and Class 9. The USPTO amends Class 6 to replace the comma following “alloys” with a semicolon, and amends Class 9 to replace “divers'” and “divers” with “diving” and “gloves for divers” with “diving gloves,” according to 91 FR 54963.

When does the change apply to a new application?

The rule is effective on January 1, 2027. Applications filed on or after that date are examined against the revised headings in 37 CFR Part 6.

Do pending applications have to be reclassified?

The change applies by application filing date. The rule does not say that a pending application filed before January 1, 2027 must be reclassified mid-examination. The preamble cites 37 CFR Part 2(a) for classification applying by filing date.

Does this rule make it harder to register a mark?

No. The USPTO states that the changes do not change the substantive criteria for the registration of a trademark, according to 91 FR 54963.

Does the notice set a penalty amount for using the old heading?

The rule does not say. 91 FR 54963 revises class headings. It does not publish a penalty dollar amount.

Can docket software prove the identification is correct?

No. A docket can store the filing date, the class, and the text. A qualified attorney reviews whether the goods are in the right class under 37 CFR Part 6.

Key Takeaways

• 91 FR 54963, RIN 0651-AD96, revises two Nice class headings in 37 CFR Part 6 and is effective on January 1, 2027.

• Class 6 replaces the comma after “alloys” with a semicolon; Class 9 replaces “divers'” / “divers” with “diving” and “gloves for divers” with “diving gloves.”

• The change applies by application filing date; pending applications filed before the effective date keep the old classification.

• The rule does not change the substantive standards for registering a mark and does not publish a penalty dollar amount.

• Templates and new-filing queues need the revised headings; open files need their filing dates, not a blanket reclassification.

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Every date, citation, RIN, CFR reference, and figure in these posts is copied verbatim from the Federal Register and eCFR as of the snapshot date. Nothing is estimated, modeled, or extrapolated. This is not legal or tax advice.

Source: Federal Register / eCFR

This page is for informational purposes only. It is not legal or tax advice and does not create an attorney-client relationship. Read 91 FR 54963 and the current text of 37 CFR Part 6, and consult a qualified professional about a particular application, identification of goods, or filing date.

Last reviewed: August 26, 2026

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