What Is a “Petition to Make Special” for a Trademark Application?

If your trademark application is facing a time-sensitive business issue, a standard USPTO review timeline may not move fast enough. In certain situations, trademark applicants can request expedited examination through a filing known as a Petition to Make Special (PTMS).

A PTMS asks the USPTO to prioritize review of a trademark application due to special circumstances. While these petitions are not granted automatically, they can be a powerful strategic tool when timing matters, especially for businesses dealing with infringement issues, rebranding pressure, platform disputes, or problems caused by a previously abandoned application.

For some applicants, a PTMS can mean the difference between securing a brand identity quickly or losing market momentum entirely.

What Does a Petition to Make Special Actually Do?

A Petition to Make Special requests that the USPTO move a trademark application ahead of the normal examination queue.

Under ordinary circumstances, trademark applications typically wait several months before an examining attorney reviews them. A successful PTMS can substantially shorten that timeline by placing the application on an accelerated review track.

Importantly, a PTMS does not guarantee trademark approval. It simply asks the USPTO to examine the application sooner than normal.

That distinction matters because many applicants assume expedited review somehow strengthens the application itself. It does not. Your trademark still must satisfy all normal registration requirements under the Lanham Act.

When Should You Consider Filing a Petition to Make Special?

A PTMS is usually appropriate when delay would cause meaningful commercial harm or legal complications.

Common situations include:

• Active trademark infringement
• Impending product launches
• Counterfeit activity
• Ongoing litigation
• Social media impersonation
• Investor or acquisition deadlines
• International expansion requiring U.S. registration
• Refiling after abandonment caused by a missed USPTO deadline

The last category is especially important for business owners.

Many trademark applicants accidentally abandon applications because they:

• Miss an Office Action deadline
• Forget to file a Statement of Use
• Miss a renewal or maintenance deadline
• Use an incorrect email address
• Lose access to prior counsel or filing systems

When that happens, businesses often discover the problem only after they attempt to enforce the mark, launch products, secure social media handles, or enter into licensing discussions.

In some cases, refiling quickly becomes critical because competitors may move into the branding gap left behind by the abandoned application.

Can a Petition To Make Special Help If Your Trademark Application Was Abandoned?

Yes, on an administrative level. But your trademark must still pass all the substantive exam benchmarks.

If your original application was abandoned and revival is unavailable or impractical, refiling with a PTMS may help reduce the damage caused by the lost filing date.

This is especially useful when:

• The mark has already developed public recognition
• Competitors have started using similar branding
• You are preparing for a launch or expansion
• You need registration for platform enforcement tools
• Investors or partners require proof of pending registration

For example, many e-commerce sellers discover abandoned applications only after attempting to enroll in Amazon Brand Registry or challenge counterfeit sellers online. A PTMS may help accelerate review of the replacement application so enforcement tools become available sooner.

That said, a rushed refile can create new legal vulnerabilities if the mark changed materially, ownership changed, goods/services were expanded improperly, prior specimens were defective, or the original application contained filing issues. In other words, speed should not come at the expense of filing quality.

What Grounds Does the USPTO Recognize for a Petition to Make Special?

The USPTO generally requires a compelling reason before granting expedited treatment.

Examples that may support a PTMS include:

Ongoing Infringement or Counterfeiting

If another party is actively using confusingly similar branding, expedited examination may help the applicant secure registration sooner for enforcement purposes.

This is especially relevant where:

• Consumer confusion is occurring
• Online impersonation exists
• Counterfeit products are being sold
• Marketplace takedowns are needed

Pending Litigation

Courts sometimes expect parties to secure registration status during active disputes. A PTMS may help move the application forward while litigation proceeds.

Foreign Registration Deadlines or International Expansion

Businesses entering the U.S. market — particularly Canadian, Mexican, European, or Asian companies — may need accelerated examination to coordinate international trademark strategy.

Significant Financial Harm

Some petitions argue that ordinary examination delays would cause unusual business disruption, investor complications, licensing losses, or substantial commercial harm.

The USPTO reviews these requests case-by-case.

How Much Faster Is Expedited Examination?

There is no guaranteed timeline, but a successful PTMS can significantly shorten initial review time by assigning the application to a trademark examiner right away.

Without expedited treatment, trademark applications often wait several months before first examination.

With expedited treatment:

• Initial examination may occur substantially sooner
• Office Actions may issue faster
• Publication timelines may accelerate

However, delays can still occur if:

• The application contains errors
• Office Actions are issued
• Oppositions are filed
• Specimens are rejected
• Ownership issues arise

Remember: a Petition To Make Special bumps you to the front of the queue. It does not eliminate substantive review.

What Strategies Improve the Chances of a Successful Petition To Make Special?

The strongest PTMS filings are specific, evidence-driven, and commercially grounded.

Weak petitions often fail because they rely on vague statements like, “we need this quickly”, “the business is important”, or “delays are inconvenient”.

The USPTO generally expects concrete justification.

Helpful supporting evidence may include:

• Screenshots of infringement
• Marketplace complaints
• Cease-and-desist correspondence
• Litigation filings
• Investor deadlines
• Licensing agreements
• Product launch timelines
• International filing requirements

Clarity matters too. A petition should explain why ordinary timelines create harm, why the harm is unusual, and why expedited review materially help. The more directly the petition ties timing to measurable business consequences, the stronger the request tends to be.

Should You File a PTMS Yourself?

Applicants can technically self-file, but evidentiary and strategy mistakes are common for those unfamiliar with the process.

A PTMS often arises in high-pressure situations involving:

• Lost filing dates
• Competitor conflicts
• Enforcement problems
• Abandoned applications
• Urgent launches
• Cross-border expansion

Those situations frequently involve larger trademark strategy questions beyond the petition itself.

For example:

• Should you revive instead of refile?
• Does the abandoned application still create priority issues?
• Has the mark materially changed?
• Are the goods/services properly drafted?
• Does prior use support stronger filing claims?
• Should multiple applications be filed simultaneously?

An experienced trademark attorney can evaluate not just whether to request expedited treatment, but whether the underlying filing strategy is positioned correctly long-term.

An important note on refiling: a Petition To Make Special may only appropriate when refiling for an abandoned trademark if the two applications are functionally identical.

Final Thoughts: A PTMS Can Be a Powerful Tool, But Timing and Strategy Matter

A Petition to Make Special is not necessary for every trademark filing. But in the right circumstances, it can be an extremely valuable tool for businesses facing urgent branding, enforcement, or expansion concerns.

That is especially true for applicants trying to recover from missed USPTO deadlines or abandoned filings.

The key is balancing speed with strategy. A rushed filing that creates new trademark problems can be worse than a delayed filing done correctly.

At Daniel Ross & Associates LLC, we help businesses evaluate trademark filing strategy, recover from abandoned applications, and pursue expedited USPTO review when appropriate. If your business is facing a time-sensitive trademark issue, we can help you determine whether a Petition to Make Special makes strategic sense for your situation.