702.02 "Special" Applications
While the USPTO normally processes applications in the order in which they are received, there are two procedures whereby an application can be made "special," so that initial examination will be expedited.
Request to Make Special - Registration Inadvertently Cancelled or Expired Under 15 U.S.C. §1058, §1059, or §1141k . 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, §1059, or §1141k will be made special upon the request of the applicant if the applicant is the prior registrant or the assignee of the prior registrant. No petition fee is required in this situation. However, the mark in the new application must be identical to the mark in the cancelled or expired registration, and the goods/services in the new application must be identical to or narrower than the goods/services in the cancelled or expired registration.
A request to make an application special because a registration was inadvertently cancelled is reviewed in the Office of the Deputy Commissioner for Trademark Examination Policy. The applicant must first file the application via the Trademark Electronic Application System (TEAS), except in limited circumstances. See 37 C.F.R §2.21(a); TMEP §301.01. The applicant should then submit a request to make special that includes the newly assigned serial number and the number of the cancelled registration. Generally, the request must be filed electronically, using the TEAS Request to Make Special form, available at https://www.uspto.gov. See 37 C.F.R §2.23(a); TMEP §301.01.
Petition to Make Special. A petition to make special is a request to the Director under 37 C.F.R. §2.146 to advance the initial examination of an application out of its regular order. See TMEP §§1710–1710.02 regarding the petition requirements and filing procedure.
The examining attorney must promptly examine any application that has been made "special."