T.M.E.P. § 1710
Petition to Make Special

Executive summary:

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1710 Petition to Make Special

The USPTO generally examines applications in the order in which they are received. A petition to make "special" is a request to advance the examination of an application out of its regular order.

A petition to make "special" must be accompanied by: (1) the fee required by 37 C.F.R. 2.6; (2) an explanation of why special action is requested; and (3) a statement of facts that shows that special action is justified. The statement of facts should be supported by an affidavit or declaration under 37 C.F.R. 2.20.

When a new application for registration is accompanied by a petition to make "special," the USPTO will give the application a serial number and process the fees before routing the application to the Office of the Commissioner for Trademarks for a decision on the petition.

An application for registration of a mark that was the subject of a previous registration that was inadvertently cancelled or expired will be made "special" upon applicant's request. See TMEP §702.02. No petition is required in this situation. However, the mark and goods/services in the new application must be identical to the mark and goods/services in the previous registration, or the USPTO will not grant "special" status.

An application that has once been made "special" and advanced out of turn for examination will continue to be "special" until a date of publication in the Official Gazette is assigned to the application. See TMEP §702.02.