This position is located in the Trademark Trial and Appeal Board (TTAB). The TTAB is an administrative tribunal within the U.S. Patent and Trademark Office (USPTO) that hears and decides trial level adversary proceedings involving two or more parties. These include oppositions, cancellations, and concurrent use proceedings. The TTAB also hears and decides appeals from final refusals issued by USPTO Trademark Examining Attorneys following review of applications to register marks.
Summary
This position is located in the Trademark Trial and Appeal Board (TTAB). The TTAB is an administrative tribunal within the U.S. Patent and Trademark Office (USPTO) that hears and decides trial level adversary proceedings involving two or more parties. These include oppositions, cancellations, and concurrent use proceedings. The TTAB also hears and decides appeals from final refusals issued by USPTO Trademark Examining Attorneys following review of applications to register marks.
The physical worksite for this position is located in Alexandria,Virginia. However, the United States Patent and Trademark Office (USPTO) is currently under a maximum telework posture due to the COVID-19 pandemic; therefore, this position is currently under a 100 percent telework schedule. The position's telework schedule will likely change in the future when USPTO moves away from its maximum telework posture. At that time, the incumbent will be expected to report to the physical work site in accordance with the updated status requirements of their supervisor. The nature and scope of future telework opportunities will be subject to the unit's telework policy, any applicable bargaining unit agreements, and supervisory approval. Payment of relocation expenses, as applicable, will be paid in accordance with this Job Opportunity Announcement.
To ensure compliance with an applicable preliminary nationwide injunction, which may be supplemented, modified, or vacated, depending on the course of ongoing litigation, the Federal Government will take no action to implement or enforce the COVID-19 vaccination requirement pursuant to Executive Order 14043 on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees. Therefore, to the extent a Federal job announcement includes the requirement that applicants must be fully vaccinated against COVID-19 pursuant to E.O. 14043, that requirement does not currently apply. The USPTO will request information regarding the vaccination status of selected applicants for the purposes of implementing other workplace safety protocols, such as protocols related to masking, physical distancing, testing, travel, and quarantine.
The individual selected for this position will:
Analyze the legal issues in question, develop the strategy to deal with the legal issue, and determine the content and means of delivery of the completed analysis of the legal issue.
Manage interlocutory matters in oppositions, cancellations and concurrent use cases at the TTAB.
Serve as a recognized expert in the procedural and substantive aspects of the law, mentoring and coaching others.
Independently decide and issue orders on all procedural and substantive motions that are not potentially dispositive of the proceeding, such as motions to amend pleadings, motions to compel and motions to strike evidence.
Consult with and draft decisions for Administrative Trademark Judges on all procedural and substantive motions that are potentially dispositive of the proceeding, such as motions to dismiss, motions for judgment on the pleadings, and motions for summary judgment.
Work with Administrative Trademark Judges and the top management of the TTAB, as well as the top management and/or attorneys of other private and public organizations.
You must meet all qualification requirements upon the closing date of this announcement.
You must be a United States Citizen or National.
You must meet the definition of Specialized AND Professional Experience.
You must possess an ACTIVE Bar Membership of any state.
You must possess a Law Degree.
You are required to pass a background investigation and fingerprint check.
You must be registered for Selective Service, if applicable (www.sss.gov) Suitable for Federal employment.
You must be suitable for Federal Employment.
Qualifications
The Office of Personnel Management (OPM) has not issued qualification standards for attorney positions. However, the USPTO sets minimum qualifications for attorney positions and sets forth these qualifications in each vacancy announcement. You must meet all eligibility and qualifications requirements by the closing date of the job announcement.
Specialized Experienceis experience that has equipped applicants with the particular knowledge, skills and abilities to successfully perform the duties of the position, and that is typically in or related to the position to be filled. To be creditable, specialized experience must have been equivalent to at least the next lower grade level in the federal service. For this position, the next lower grade level is a GS-14.
Specialized experience for this position is defined as: (1) Experience performing comprehensive (full spectrum of a case with multiple issues) legal analysis and research in the area of trademark law; (2) Conducting legal analysis of procedural and substantive arguments from legal counsel or pro se parties in the area of trademark law; AND, (3)Independently drafting legally defensible opinions addressing the issues raised by said counsel or parties.
AND
Professional Legal/Law Experience is defined as having experience that has equipped the applicant with the particular knowledge, skills, abilities and/or competencies to perform successfully the duties of the position to be filled in the area. This experience is characterized by breadth and depth of experience in rendering professional legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal government agency, private sector, law firm, or other organization; preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents; representing parties in litigation or in proceedings before administrative tribunals; drafting pleadings and motions, and/or legal decisions and/or opinions; managing a docket of cases; drafting, preparing formal comments, or making substantive recommendations regarding proposed legislation; editing and preparing for publication statutes enacted by Congress and opinions or decisions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by an organization or official; adjudicating legal issues; conducting investigations to obtain facts; analyzing questions of law; studying, analyzing and evaluating legal precedents, to present findings. Demonstrated high quality legal writing skills are critical. Legal work is described as extremely complex and difficult and requires a high order of original and creative legal endeavor in balancing conflicting interests; has broad or wide-scope impact on an economy, industry, private or public interests; and may involve directly or indirectly very large sums of money. Work may also involve acting as principal attorney in charge of the preparation and presentation of cases; recommending policies and developing procedures and regulations to implement new or amended legislation; and acting as legal, general or senior counsel to a major firm or organization.
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.
Education
To meet minimum eligibility requirements for this position, applicants must possess at least a Masters of Laws (LL.M.) degree or Juris Doctor (J.D.) degree from an accredited law school.
If this position requires proof of higher education, or you are substituting education for experience, you must submit an unofficial transcript or a list of courses that includes the following information: name of accredited institution, grades earned, completion dates, and quarter and semester hours earned. Education completed in foreign colleges or universities may be used to meet the requirements. Please refer to http://www.opm.gov/qualifications/policy/ApplicationOfStds-04.asp for more information. You are not required to submit official documents at this time; copies are sufficient.
Special Instructions for Foreign Education: Qualifying education from colleges and universities in foreign countries must be evaluated in terms of equivalency to that acquired in U.S. colleges and universities. Applicants educated in whole or in part in foreign countries must submit sufficient evidence, including transcripts, to an accredited private organization for an equivalency evaluation of course work and degree. A listing of these accredited organizations can be found on the Department of Education's website - US Department of Education. Another listing of services that can perform this evaluation is available at the National Association of Credential Evaluation Services (NACES) website. You must provide a copy of the letter containing the results of the equivalency evaluation with a course by course listing along with your application. Failure to provide such documentation when requested will result in lost consideration.
NOTE: Only education and experience acquired before the filing deadline will be considered. Report only attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.
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. Please visit the Selective Service System website for more information.
This is a Bargaining Unit position.
If selected for this position, you may be required to complete the Fair Credit Act Memo, which gives consent so that one or more consumer credit reports may be obtained for employment purposes.
This is a Public Trust position and has a risk level designation of "High".
Background Investigation - 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.
Trial Period - If selected, you may be required to complete a two-year trial period.
All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choice.
Relocation Expenses are not authorized and will not be paid.
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.
USPTO Job Applicants requiring reasonable accommodation for any part of the application and hiring process should request accommodation(s) from the USPTO at http://www.uspto.gov/accommodation.
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).
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
How you will be evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
Your eligibility for consideration and qualifications for the position will be determined based upon a review of your detailed resume. Your resume will be evaluated based on evidence of your ability to demonstrate the possession of any specialized experience and the professional experience in the job announcement.
Please Note: Writing samples may be requested prior to being interviewed.
Your resume and any other supporting documentation will be evaluated by a Human Resources Specialist. Falsifying your background, education, and/or experience is cause for not hiring you.
Please note that a complete application is required for consideration. (Please review the "Required Documents" section of this job announcement to see what must be included in a complete application).
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
A COMPLETE application consists of the following required documents:
1. Your Resume or any other written format you choose to describe your job-related qualifications; optional cover letter: Your resume should indicate your citizenship and should list your educational and work experience including titles, salary, employment dates, duties, experience and how it relates to the specialized experience in the job announcement.
2. Transcripts: You MUST submit copies of your college transcripts for verification of the education requirements. Unofficial copies are accepted, however, if selected you will be required to furnish official transcripts. It is your responsibility to provide adequate proof that you meet the above educational requirement. Inadequate or illegible information could result in non-qualification and loss of consideration.
3. Bar Membership Documentation: You MUST submit documentation showing that you are an active member of the Bar in Good Standing of any State, District of Columbia, Puerto Rico, or any Territorial Court under the U.S. Constitution. This letter and/or certificate should be dated within the last six months of the closing date of this job announcement. If you are unable to obtain this information by the closing date of this announcement, you must contact the HR Specialist listed on this announcement to make other arrangements prior to the closing date of the announcement.
Your COMPLETE application and all required documentation must be received by 11:59 p.m. Eastern Time on the closing date of this job announcement.
The following supporting documents that may be requested of applicants after the closing date of this announcement:
1. Writing Samples - You MAY be asked to submit 1-2 writing samples. PLEASE NOTE: "WHEN APPLYING, DO NOT SUBMIT ANY DOCUMENTS THAT HAVE NOT BEEN REQUESTED."
2. Notification of Personnel Action (SF-50) - For current and/or former Federal employees, your status eligibility and highest permanent grade/step/salary held in the Federal service will be validated with a copy of your most recent non-award SF-50, Notification of Personnel Action.
3. Career Transition Assistance Program (CTAP) or Interagency Career Transition Assistance Program (ICTAP) documentation: Applicants will be asked to submit: (1) A copy of your specific RIF notice, written notice of your expected separation or other documentation of priority consideration status; (2) A copy of your latest SF-50 noting current position, grade level, and duty location; (3) A copy of your last performance appraisal; and (4) Any documentation from your agency that shows your current promotion potential.
4. Veterans' Preference Documentation, if applicable: Attorney positions are in the excepted service, not the competitive civil service. There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the USPTO considers veterans' preference eligibility as a positive factor consideration in the hiring process. If you are eligible for veterans' preference in hiring, you are encouraged to include that information in your application along with the supporting documentation, e.g., DD Form 214, Certificate of Release or Discharge from Active Duty, or other supporting documentation. You may also find more information on positive consideration for attorney hiring.
NOTE: The preceding documents requirement are based on job requirements and individual applicant eligibility. Not all documents are applicable to all applicants; if you are unsure which documents apply to you, contact the HR Specialist listed on this announcement.
You MUST apply online. If you experience difficulties with the application process or do not have access to a computer, please contact the HR Specialist listed as the point of contact before the closing date of this job announcement.
If you are a new user to the USAJobs Site and have never registered for an account; you will first need to create an account profile with your basic contact information and a resume to begin applying. You must be a registered USAJobs user AND you must be signed-in to your account in order to apply for this position. For help setting up an account or for general help using USAJobs, go to USAJobs Help Page. Once you have gathered all of the required information and are ready to begin the application process, click the "APPLY" button at the right side of the page. You will then be directed away from USAJobs to the Department of Commerce application site for USPTO. You must click "Submit" at the end of the application process to send your application for consideration.
To return to your saved application, log in to your USAJOBS account at http://www.usajobs.gov/ and click on "Applications." Click on the position title, then select "Update Application."
If you experience any difficulties with the application site, help is available! OPM has a Help feature on each page. Use this option when you need assistance.
All required supporting documents will be collected electronically via the USAJobs "Saved Documents" feature.
Personally Identifiable Information (PII)
Personally Identifiable Information (PII) is defined as information that can be traced back to a specific individual and potentially compromise their security or privacy. Examples of PII include: date of birth, Social Security Number, and place of birth.
Please ensure that you have removed all Personally Identifiable Information from all documents prior to submitting or uploading your applications material.
TMCO-Trademark Trial and Appeal Board
550 Elizabeth Lane
Alexandria, VA 22314
US
Next steps
You will receive a notice generated by the USAJobs System when you have successfully submitted your application.
You will be notified of your application status through USAJOBS at four points during the hiring process, as applicable. You can check the status of your application by accessing the USAJOBS website at http://usajobs.gov/ and clicking on "Track Your Online Application." The four points of notification are:
1. Application Received or Application Incomplete;
2. Minimum Qualification Requirement Met or Minimum Qualification Requirement Not Met;
3. Eligible (Application Referred to the Selecting Official) or Eligible (Application Not Referred to the Selecting Official); and
4. Selected or Not Selected
After all application packages have been received, we will review your application and transcript(s) (if you are qualifying based on education) to ensure you meet the basic qualification requirements. We will evaluate each applicant who meets the basic qualifications on the information provided and you may be contacted for follow-up supplemental documentation. It is the applicant's responsibility to provide any supplemental documents or information requested by the Office of Human Resources within the allocated timeframes.
You will be required to submit official documentation prior to appointment. The agency will then verify the information provided on your application (i.e., degree, veterans' preference, disability, etc.).You can check the status of your application by logging into USAJOBS. You may also sign up to receive automatic emails anytime the status of your application has changed by logging into your USAJobs Account, editing your profile and changing the "Notification Settings" to indicate that you want to be notified by email when the status changes. Information regarding the status of your application should be updated in the system within 2 weeks after the closing date of this job announcement.
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
A COMPLETE application consists of the following required documents:
1. Your Resume or any other written format you choose to describe your job-related qualifications; optional cover letter: Your resume should indicate your citizenship and should list your educational and work experience including titles, salary, employment dates, duties, experience and how it relates to the specialized experience in the job announcement.
2. Transcripts: You MUST submit copies of your college transcripts for verification of the education requirements. Unofficial copies are accepted, however, if selected you will be required to furnish official transcripts. It is your responsibility to provide adequate proof that you meet the above educational requirement. Inadequate or illegible information could result in non-qualification and loss of consideration.
3. Bar Membership Documentation: You MUST submit documentation showing that you are an active member of the Bar in Good Standing of any State, District of Columbia, Puerto Rico, or any Territorial Court under the U.S. Constitution. This letter and/or certificate should be dated within the last six months of the closing date of this job announcement. If you are unable to obtain this information by the closing date of this announcement, you must contact the HR Specialist listed on this announcement to make other arrangements prior to the closing date of the announcement.
Your COMPLETE application and all required documentation must be received by 11:59 p.m. Eastern Time on the closing date of this job announcement.
The following supporting documents that may be requested of applicants after the closing date of this announcement:
1. Writing Samples - You MAY be asked to submit 1-2 writing samples. PLEASE NOTE: "WHEN APPLYING, DO NOT SUBMIT ANY DOCUMENTS THAT HAVE NOT BEEN REQUESTED."
2. Notification of Personnel Action (SF-50) - For current and/or former Federal employees, your status eligibility and highest permanent grade/step/salary held in the Federal service will be validated with a copy of your most recent non-award SF-50, Notification of Personnel Action.
3. Career Transition Assistance Program (CTAP) or Interagency Career Transition Assistance Program (ICTAP) documentation: Applicants will be asked to submit: (1) A copy of your specific RIF notice, written notice of your expected separation or other documentation of priority consideration status; (2) A copy of your latest SF-50 noting current position, grade level, and duty location; (3) A copy of your last performance appraisal; and (4) Any documentation from your agency that shows your current promotion potential.
4. Veterans' Preference Documentation, if applicable: Attorney positions are in the excepted service, not the competitive civil service. There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the USPTO considers veterans' preference eligibility as a positive factor consideration in the hiring process. If you are eligible for veterans' preference in hiring, you are encouraged to include that information in your application along with the supporting documentation, e.g., DD Form 214, Certificate of Release or Discharge from Active Duty, or other supporting documentation. You may also find more information on positive consideration for attorney hiring.
NOTE: The preceding documents requirement are based on job requirements and individual applicant eligibility. Not all documents are applicable to all applicants; if you are unsure which documents apply to you, contact the HR Specialist listed on this announcement.
You MUST apply online. If you experience difficulties with the application process or do not have access to a computer, please contact the HR Specialist listed as the point of contact before the closing date of this job announcement.
If you are a new user to the USAJobs Site and have never registered for an account; you will first need to create an account profile with your basic contact information and a resume to begin applying. You must be a registered USAJobs user AND you must be signed-in to your account in order to apply for this position. For help setting up an account or for general help using USAJobs, go to USAJobs Help Page. Once you have gathered all of the required information and are ready to begin the application process, click the "APPLY" button at the right side of the page. You will then be directed away from USAJobs to the Department of Commerce application site for USPTO. You must click "Submit" at the end of the application process to send your application for consideration.
To return to your saved application, log in to your USAJOBS account at http://www.usajobs.gov/ and click on "Applications." Click on the position title, then select "Update Application."
If you experience any difficulties with the application site, help is available! OPM has a Help feature on each page. Use this option when you need assistance.
All required supporting documents will be collected electronically via the USAJobs "Saved Documents" feature.
Personally Identifiable Information (PII)
Personally Identifiable Information (PII) is defined as information that can be traced back to a specific individual and potentially compromise their security or privacy. Examples of PII include: date of birth, Social Security Number, and place of birth.
Please ensure that you have removed all Personally Identifiable Information from all documents prior to submitting or uploading your applications material.
TMCO-Trademark Trial and Appeal Board
550 Elizabeth Lane
Alexandria, VA 22314
US
Next steps
You will receive a notice generated by the USAJobs System when you have successfully submitted your application.
You will be notified of your application status through USAJOBS at four points during the hiring process, as applicable. You can check the status of your application by accessing the USAJOBS website at http://usajobs.gov/ and clicking on "Track Your Online Application." The four points of notification are:
1. Application Received or Application Incomplete;
2. Minimum Qualification Requirement Met or Minimum Qualification Requirement Not Met;
3. Eligible (Application Referred to the Selecting Official) or Eligible (Application Not Referred to the Selecting Official); and
4. Selected or Not Selected
After all application packages have been received, we will review your application and transcript(s) (if you are qualifying based on education) to ensure you meet the basic qualification requirements. We will evaluate each applicant who meets the basic qualifications on the information provided and you may be contacted for follow-up supplemental documentation. It is the applicant's responsibility to provide any supplemental documents or information requested by the Office of Human Resources within the allocated timeframes.
You will be required to submit official documentation prior to appointment. The agency will then verify the information provided on your application (i.e., degree, veterans' preference, disability, etc.).You can check the status of your application by logging into USAJOBS. You may also sign up to receive automatic emails anytime the status of your application has changed by logging into your USAJobs Account, editing your profile and changing the "Notification Settings" to indicate that you want to be notified by email when the status changes. Information regarding the status of your application should be updated in the system within 2 weeks after the closing date of this job announcement.
Fair and transparent
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
