1710.01 Basis for Granting or Denying Petition
Invoking supervisory authority under 37 C.F.R. §2.146 to make an application "special" is an extraordinary remedy that is granted only when very special circumstances exist, such as a demonstrable possibility of the loss of substantial rights. These petitions are denied when the circumstances would apply equally to a large number of other applicants.
The fact that the applicant is about to embark on an advertising campaign is not considered a circumstance that justifies advancement of an application out of the normal order of examination, because this situation applies to a substantial number of applicants. Similarly, the applicant’s desire to register a trademark to qualify to sell goods or offer services on a particular website does not justify making an application "special" since this situation also applies to a substantial number of applicants.
Commonly accepted types of evidence for granting Petitions to Make Special are copies of civil court complaints demonstrating the existence of pending litigation involving the mark, copies of cease-and-desist letters showing threatened litigation involving the mark, or copies of government regulations showing that a trademark registration is required to secure government approval for the goods or services.