Trademark Petition to Make Special: What It Is and When to File
Quick answer: A petition to make special is a formal request filed with the USPTO to accelerate the examination of a trademark application. It bypasses the standard queue when specific qualifying circumstances exist—such as infringement, imminent product launch, or the applicant's age or health. Approval can significantly reduce wait times.
Trademark registration in the United States typically takes about 12 to 18 months from filing to registration or a final decision, sometimes longer. For most applicants, that timeline is manageable. But for businesses facing active infringement, preparing for a major product launch, or dealing with urgent legal proceedings, waiting in the standard examination queue is not a viable option.
That's where a petition to make special becomes a critical legal tool.
Filed with the United States Patent and Trademark Office (USPTO), a petition to make special requests that an examining attorney review your trademark application ahead of schedule. When granted, the application moves to the front of the line—a meaningful advantage when time is of the essence.
This post explains what a petition to make special is, who qualifies, how to file one, and what to expect after submission.
What Is a Petition to Make Special in Trademark Law?
A petition to make special is a formal request submitted to the USPTO asking that a trademark application receive expedited examination. Under standard USPTO procedures, applications are examined in the order they are received. That means you have to typically wait about 5+ months after you file your trademark application for it to be assigned to an Examiner and for the examination to commence. A successful petition removes an application from that queue and prioritizes its review sooner.
The USPTO does not grant these petitions automatically. Applicants must demonstrate that a specific qualifying circumstance exists and provide supporting documentation to substantiate the request. Without a valid legal basis, the petition will be denied.
A petition to make special is a separate procedural request filed after the application has already been submitted.
What Are the Qualifying Grounds for a Petition to Make Special?
The USPTO recognizes several accepted bases for expedited examination. Each requires different supporting evidence.
Is there active infringement of the mark?
One of the most common grounds is ongoing trademark infringement. If a third party is currently using a mark that conflicts with your application, and you are preparing to take legal action, the USPTO may grant expedited examination.
To qualify on this basis, applicants generally must show that:
- Infringement is actively occurring
- They intend to file suit or are already involved in litigation
- Expedited examination would materially assist the legal proceedings
Documentation such as cease-and-desist correspondence, evidence of the infringing use, or a declaration from counsel is typically required.
Is the applicant facing a license or contract deadline?
Businesses that have entered into licensing agreements or contracts that are contingent on trademark registration may qualify for expedited examination. In these situations, the petition should explain the nature of the agreement and why registration is a condition of the deal.
Are there other qualifying circumstances?
The USPTO has some discretion to consider other compelling circumstances on a case-by-case basis. One scenario that may warrant consideration is where an applicant previously held a trademark registration that was cancelled solely due to an inadvertently missed renewal deadline. In such cases, the applicant may argue that the lapse was the result of excusable neglect rather than an intent to abandon the mark, and that expedited examination of the refiled application is justified to restore their rights as quickly as possible, provided the mark, owner, and goods/services line up as required. Supporting documentation—such as a detailed declaration explaining the circumstances of the missed deadline and evidence of continued use of the mark—would be essential to any such petition. However, this remains a narrow exception, and approval is not guaranteed. Notably, general business urgency or competitive pressure alone is not sufficient on its own.
How Do You File a Petition to Make Special with the USPTO?
A petition to make special is filed through the Trademark Electronic Application System (TEAS) using the appropriate petition form. There is no additional government fee for filing the petition itself, though standard application fees still apply.
The petition must include:
- A clear statement of the qualifying ground — identifying which basis applies and why
- A declaration under 37 C.F.R. § 2.20 — a signed statement affirming the truth of the facts presented
- Supporting evidence — documentation that substantiates the claimed ground (e.g., evidence of infringement, medical records, contractual obligations)
Vague or unsupported petitions are routinely denied. Precision and completeness matter. A well-drafted petition tells a clear, factual story that connects the applicant's circumstances directly to one of the recognized qualifying grounds.
What Happens After the Petition Is Filed?
The USPTO's Office of the Deputy Commissioner for Trademark Examination Policy reviews petitions to make special. Processing times vary, but decisions are often issued within a few weeks.
If granted, the examining attorney will review the application ahead of schedule. This does not guarantee registration—the application must still satisfy all substantive requirements under the Lanham Act, including distinctiveness, likelihood of confusion analysis, and proper identification of goods or services. However, it does mean those issues will be identified and addressed much sooner.
If denied, the application remains in the standard examination queue. Applicants may have the opportunity to refile a petition with additional evidence or seek other remedies depending on the circumstances.
Is a Petition to Make Special the Right Strategy for Your Trademark Application?
Not every urgent situation warrants a petition to make special—and not every petition will be granted. The decision to file should be made with a clear understanding of whether the qualifying grounds are genuinely met and whether the supporting evidence is strong enough to persuade the USPTO.
For businesses facing infringement, a petition is often just one element of a broader enforcement strategy that may include cease-and-desist letters, opposition proceedings, or federal litigation. For applicants dealing with licensing deadlines, it may be one of several contractual risk-mitigation steps.
In either case, the value of expedited examination depends heavily on the underlying strength of the trademark application itself. A petition that accelerates review of a weak or deficient application is unlikely to produce a favorable outcome.
Frequently Asked Questions
What is the purpose of a petition to make special in a trademark application?
A petition to make special asks the USPTO to prioritize examination of a trademark application ahead of the standard queue. It is appropriate when specific qualifying circumstances exist, such as active infringement, litigation, licensing deadlines, or the applicant's age or health.
How long does the USPTO take to decide on a petition to make special?
Decision timelines vary, but the USPTO typically processes petitions within a few weeks of submission. If granted, the application is then forwarded for expedited examination.
Does filing a petition to make special guarantee trademark registration?
No. Expedited examination does not bypass the substantive review process. The application must still meet all USPTO requirements, including passing likelihood of confusion analysis and meeting distinctiveness standards.
Can any trademark applicant file a petition to make special?
Only applicants who can demonstrate a recognized qualifying ground may file a petition to make special. General urgency or competitive pressure alone is not sufficient. The USPTO requires documentation supporting the specific basis claimed.
Is there an additional fee to file a petition to make special?
A request to expedite trademark examination is typically made through the USPTO's Petition to Director process, which generally requires a $400 petition fee per application. (And of course the new application has its own filing fees based on the number and type of classes covered)
Protecting Your Rights Without Delay
Trademark rights are time-sensitive. Delays in registration can leave businesses exposed to infringement, complicate licensing arrangements, and weaken enforcement positions. A petition to make special—when properly supported—offers a legitimate path to accelerating that process.
If you believe your circumstances may qualify, consulting with a trademark attorney before filing is advisable. A well-prepared petition substantially improves the likelihood of approval, and a rejected petition can cost valuable time. Need help? Our firm regularly assists clients from across the US and across the world with trademark matters.
