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Attorney Examiner (Administrative Trademark Judge)

Department of Commerce
Patent and Trademark Office
This job announcement has closed

Summary

The USPTO has been serving the economic interests of America for more than 225 years. We are responsible for granting US intellectual property rights for patents and trademarks. Our efforts have provided inventors exclusive rights over their discoveries and provided protection for the trademarks that designate brands of goods and services. The USPTO is headquartered in Alexandria, Virginia, and has approximately 13,000 employees comprised largely of engineers, scientist and attorneys.

Overview

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Hiring complete
Open & closing dates
08/07/2020 to 09/08/2020
Salary
$147,644 to - $181,500 per year
Pay scale & grade
AD 00
Location
Few vacancies in the following location:
Alexandria, VA
FEW vacancies
Telework eligible
Yes—as determined by the agency policy.
Travel Required
Not required
Relocation expenses reimbursed
No
Appointment type
Permanent - Full Time
Work schedule
Full-time - Permanent
Service
Excepted
Promotion potential
00
Job family (Series)
Supervisory status
No
Security clearance
Other
Drug test
No
Position sensitivity and risk
High Risk (HR)
Trust determination process
Announcement number
TTAB-2020-0008
Control number
575722400

Duties

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The judges of the Trademark Trial and Appeal Board (TTAB) are responsible for hearing and deciding adversary proceedings involving oppositions to applications, petitions to cancel registrations, and concurrent use proceedings; and for hearing and deciding appeals from final refusals by trademark examiners to allow the registration of trademarks. Each appeal and adversary proceeding shall be heard and decided by at least three judges of the TTAB.

Judges of the TTAB:

- Exercise original jurisdiction in inter partes proceedings in the Patent and Trademark Office arising under the Federal trademark registration statutes; for example, opposition to an application for registration, consideration of applications to register as lawful concurrent users, and petitions to cancel registrations. In these inter partes proceedings, judges serve in a capacity similar to that of a trial judge and work in conjunction with TTAB attorneys conducting interlocutory proceedings, for determining interlocutory motions, and for issuing final decisions on the merits of cases, after briefing and, in some instances, oral arguments of adverse parties.

- Exercise appellate jurisdiction in adjudicating ex parte appeals from refusal of the examiner of trademarks to register a trademark. Such appeals are decided on records created during examination and on the briefs and, if requested by the applicant, oral arguments.

- Evaluate the evidence, arguments, and citations to authority, presented in the foregoing contested trademark cases and appeals, and render written decisions which explain the reasoning and conclusion of the Patent and Trademark Office. These decisions are rendered in accordance with the conclusions reached in conference by a majority of the judges sitting for each case, as a panel of the Board. A judge may decide to author a dissenting opinion when the judge is not in agreement with the majority opinion. 

The proceedings must be conducted with imagination, discernment, and ingenuity for the purpose of detecting any improper practices or attempts to secure unjustified advantages and otherwise to preserve the legal, equitable, and procedural rights of the parties and ensure fair and expeditious conduct of the proceedings and final determination on the merits. The proofs presented by the parties, as well as their briefs and oral arguments, may involve voluminous testimony, documentary and physical exhibits, and other evidentiary material which must be analyzed and appraised in accordance with the established rules of evidence, to ascertain admissibility, weight, sufficiency, and pertinency to the issues. The judges’ findings in these particulars are incorporated into final decisions in accordance with sound legal principles and precepts. The preparation of such decisions requires outstanding skill in analytical techniques and in clear, comprehensive, and effective applications of legal logic, in addition to a thorough knowledge of, and application of, the common law and statutory trademark laws, the rules of evidence, and general principles of related and ancillary legal subjects.

While serving in the capacity of judge, the incumbent must conduct herself/himself with deportment of the highest order to ensure and maintain the dignity of the TTAB. Board judges must command the respect of the practicing attorneys and others with whom they come in contact because of their positions on the TTAB. The decisions of the TTAB are final in the Executive Branch and are subject to review, through appeal, only by the U.S. Court of Appeals for the Federal Circuit or by civil action in a U.S. District Court.

Supervision and Guidance Received.

The TTAB judges serve under the general administrative direction of the Chief and Deputy Chief Administrative Trademark Judges, TTAB. All adjudicatory functions are performed without supervisory review, although performed in concert with other assigned judges on each panel.

Requirements

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Conditions of employment

  • You must be a U.S. Citizen or National
  • Your resume and question responses must demonstrate the job-related PTQ's
  • Must be registered for Selective Service, if applicable (www.sss.gov)
  • Law Degree and Member in good standing of a state, DC or Puerto Rico Bar
  • Required to pass a background investigation and fingerprint check
  • You must submit one writing sample (up to 20 pages)
  • Financial Disclosure Report (OGE-278) will be required upon appointment
  • Your Resume and responses to the PTQ's (10,000 Character limit each).

You will need to successfully complete a background security investigation before you can be appointed to this position.

Qualifications

You must have significant, Specialized Experience at a level close to the work of this job that has given you the particular knowledge, skills, and abilities required to successfully perform in the position. Typically we would find this experience in work within the Trademark field or general IP field with a significant Trademark component and would be acquired over an extended period in the private practice of IP law, in IP-related government positions, or similar legal work.

Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations (e.g., professional; philanthropic; religious; spiritual; community, student, social). Volunteer work helps build critical competencies, knowledge, and skills and can provide valuable training and experience that translates directly to paid employment. You will receive credit for all qualifying experience, including volunteer experience.

Applicants must clearly demonstrate in their application materials that they possess the Specialized Experience attributes in the Professional/Technical Qualifications (PTQs). Each response should include a brief summary of the applicant's experience in relation to the specific PTQ and specific examples of accomplishments.

For the following four Professional/Technical Qualifications (PTQs),you are required to submit a narrative response addressing your specific knowledge, skills, and abilities that demonstrate your possession of these qualifications.


Failure to demonstrate possession of each of these qualifications will adversely affect your rating. 

Narrative responses to PTQ's - Responses may be provided through the text box fields or as separate Word or PDF attachments. If including narrative responses within the system text box field, a character limit does apply (10,000 for each question). If you require more space to complete your responses please upload your responses using a Word or PDF attachment, within the documents section.  

Professional Technical Qualifications (PTQs) for this position are:

  1. Training and experience leading to a thorough knowledge of historical trademark law concepts, the Trademark Act, The Trademark Rules of Practice, The Federal Rules of Civil Procedure, The Federal Rules of Evidence, trademark assignments and licensing, common law governing the acquisition of ownership rights of marks, and precedential decisions of the courts and the Board.
  2. Experience demonstrating an ability to sift through pleadings, motions and exhibits thereto, testimony depositions and exhibits thereto, interrogatories and other discovery requests and responses thereto, documentary evidence filed by notice of reliance, and legal briefs, all to find the important facts in a case and to apply pertinent statutory and case law to those facts.
  3. Demonstrated ability to write clearly, accurately and concisely; in particular the ability to state clearly the material facts in a case, the law to be applied and the reasons supporting the decision in a straightforward manner.
  4. Demonstrated ability to manage multiple competing priorities, including assigned work and collaborative work with others, while meeting prescribed deadlines, productivity goals and quality standards.

Education

Due to the complexity of the position, an Administrative Trademark Judge must possess a law degree. Additionally, Administrative Trademark Judge must be a member in good standing of the Bar in any state, District of Columbia, Puerto Rico, or any territorial court under the Constitution.

Additional information

If you are a male applicant born after December 31, 1959, you must certify that you have registered with the Selective Service System. If you are exempt from registration under Selective Service Law, you must provide appropriate proof of exemption. Visit the Selective Service System website for details.

This is a Non Bargaining Unit position. This is a Public Trust position and has a risk level designation of "high" risk.
The incumbent may be required to submit to a drug test to screen for illegal drug use prior to appointment and, if appointed, the incumbent will be subjected to random drug testing procedures.

If selected for this position, you may be required to complete a Declaration for Federal Employment (OF-306), which includes a fingerprint and credit check, to determine your suitability for Federal employment and to authorize a background investigation.
The USPTO participates in E-Verify. For more information on E-Verify, please visit http://www.dhs.gov/files/programs/gc_1185221678150.shtm

Probationary Period - If selected, you will be required to complete a two-year probationary period.

Relocation expenses are not authorized and will not be paid

The USPTO participates in E-VERIFY. For more information on E-Verify, please visit here. http://www.dhs.gov/files/programs/gc_1185221678150.shtm

All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choice.

More than one selection may be made from this announcement if additional identical vacancies in the same title, series, grade, and unit occur within 90 days from the date the certificate was issued.

All application materials become the property of the United States Patent and Trademark Office.

The Ethics in Government Act of 1978, as amended, requires senior officials in the executive, legislative and judicial branches to file public reports of their finances as well as other interests outside the Government. If selected for this position you will be required to file a Financial Disclosure Report (OGE Form 278). The OGE 278 is available to the public. The primary purpose of disclosure is to assist agencies in identifying potential conflicts of interest between a filer's official duties and the filer's private financial interests and affiliations.

The United States Patent and Trademark Office is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service, or other non-merit factors. If you believe that you have been discriminated against and would like to file an EEO complaint, you must do so within 45 days of the date of the alleged discriminatory act. Claims of employment discrimination must be submitted to the attention of the USPTO’s Office of Equal Employment Opportunity & Diversity via email (oeeod@uspto.gov) or phone (571-272-8292).

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

Applicants must clearly demonstrate in their application materials that they possess technical attributes in the PTQs. Your resume or other application materials must demonstrate that you possess the required qualifications.




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