T.M.E.P. § 702.02
'Special' Applications

Executive summary:

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702.02 "Special" Applications

While the USPTO normally processes applications in the order in which they are received, there is a procedure whereby an application can be made "special," and thereby expedited. The following applications are deemed "special" and should be expedited.

(1) Petition to Make Special Granted. Applications made "special" as a result of a petition under 37 C.F.R. 2.146 (see TMEP §§1710 et seq.);

(2) Registration Inadvertently Cancelled Under 15 U.S.C. 1058 or §1059. A new application for registration of a mark that was the subject of a previous registration that was inadvertently cancelled or expired under 15 U.S.C. 1058 or §1059 will be made "special" upon the applicant's request. No petition fee is required in this situation. However, both the mark and the goods or services in the new application must be identical to the mark and goods or services in the cancelled or expired registration, or the USPTO will not make the application "special." To ensure that these applications are processed as "special," the applicant should include a cover letter requesting that the application be made "special," together with a copy of the cancelled or expired registration, when filing the application; and

(3) Revived or Reinstated Applications. Applications that have been abandoned and then revived or reinstated are made "special." See TMEP §1712.01 regarding requests for reinstatement, and TMEP §§1714 et seq. regarding petitions to revive. The applicant does not have to file a separate petition to make "special" in these situations.

The examining attorney should promptly examine any application that has been made "special."

Once an application is made "special," the USPTO will expedite initial examination, examination of responses and amendments, and appeal. However, the USPTO cannot change the publication and issuance cycles. Therefore, "special" status terminates when the date of publication in the Official Gazette is assigned to the application.