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Attorney Examiner (Administrative Trademark Judge)

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

Summary

Are you ready to elevate your career through imagination, discernment, and ingenuity? Join the dynamic and skilled team empowered to preserve the legal, equitable, and procedural rights of trademarks owners and the public.

As an Administrative Trademark Judge (ATJ), you'll work together with other judges to provide impartial and fair determinations of trademark registration disputes, while upholding the integrity of the Principal and Supplemental Registers and the registration system.

Overview

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Hiring complete
Open & closing dates
10/10/2023 to 11/13/2023
Salary
$158,649 to - $195,000 per year
Pay scale & grade
AD 00
Location
Few vacancies in the following location:
Alexandria, VA
Remote job
No
Telework eligible
Yes—As determined by the agency policy. *Position approved for telework, including options for 100% telework and in the TEAP program, which allows telework from a home office anywhere in the United States or Puerto Rico.
Travel Required
Occasional travel - You may be expected to travel for this position.
Relocation expenses reimbursed
No
Appointment type
Permanent
Work schedule
Full-time
Service
Excepted
Promotion potential
00
Job family (Series)
Supervisory status
No
Security clearance
Not Required
Drug test
No
Position sensitivity and risk
High Risk (HR)
Trust determination process
Announcement number
EXRD - TTAB-23-12135020
Control number
753930400

Duties

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If you're ready to promote and protect the interests of trademarks owners and the public, then this amazing opportunity within the Trademark Trial and Appeal Board (TTAB) is open to you! If you're motivated and ready for your next challenge, come join the agency that drives economic growth and national prosperity, and celebrates and supports the diverse cultures of its employees.

As an Administrative Trademark Judge (ATJ), you'll work together with other judges from diverse backgrounds as a cohesive collaborative unit to further the mission of the TTAB.

An ATJ serves as a member of the Trademark Trial and Appeal Board of the USPTO. The TTAB has the authority to:

  • Review ex parte appeals of adverse decisions on trademark applications made by trademark examining attorneys;
  • Review and decide inter partes oppositions to applications, petitions to cancel registrations, and concurrent use proceedings;
  • Review and decide contested interlocutory motions in inter partes proceedings in collaboration with TTAB interlocutory attorneys and judge panels;
  • Evaluate evidence, and arguments and citations presented in briefs filed in contested trademark trial cases and appeals;
  • Engage in conferences with TTAB attorneys, judges and parties involved in trials and appeals, arising under Federal trademark registration statutes.
As an ATJ, you will:
  • Review arguments and evidence provided in motions, briefs and oral hearings;
  • Effectively work with colleagues to analyze and decide legal and factual issues;
  • Prepare and issue timely, high-quality decisions, that are consistent with statutes, regulations, case law, and agency policies;
  • Display professionalism and judicial decorum; and
  • Perform any task that supports the mission of the USPTO and the TTAB, such as: participating in stakeholder engagement, leading project teams, contributing to policy development, and developing best practices.
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. 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.

The physical worksite for this position is located in Alexandria, VA. However, this position is telework eligible in accordance with TTAB telework policy.

"Position approved for telework, including options for 100% telework and in the TEAP program, which allows telework from a home office anywhere in the United States or Puerto Rico."

Requirements

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Conditions of employment

  • You must be a U.S Citizen or National.
  • Background and or Security Investigation and fingerprint check if selected for position.
  • Must be registered for Selective Service, if applicable (www.sss.gov)

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 are required to input narrative responses to the Professional/Technical Qualifications (PTQs) in the text boxes as prompted by USAJobs. Each PTQ has a 10,000-character limit (to include spaces) that must be adhered to. Do not write "see resume". Uploaded documents addressing the PTQs will not be accepted.

For the following three PTQs, you are required to submit a narrative response addressing your specific knowledge, skills, and abilities that demonstrate your possession of these qualifications.

  1. Tell us about a position you held or a particularly complex case or matter you worked on, while having to manage multiple competing priorities, including assigned work of your own, collaborative work with others, while meeting prescribed deadlines, productivity goals and quality standards.
  2. Please describe the types and quantity of cases, projects, and/or training that led to your 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 TTAB.
  3. Tell us about two experiences where you needed to find the important facts in a case and to apply pertinent statutory and case law to those facts to reach a decision or make a recommendation. These experiences may include sifting through pleadings, motions and exhibits, testimony depositions and exhibits, discovery requests and responses, documentary evidence filed by notice of reliance, and legal memos or briefs.

Education

The candidate must have a law degree from an accredited law school program and must be a member of a bar in good standing, in the United States or a Territory of the United States.

Additional information

Probationary Period: You will be required to serve a two-year probationary period.

This is a Non-Bargaining Unit position. This is a Public Trust position and has a risk level designation of "High" risk.

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.

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.

Relocation expenses are not authorized and will not be paid.

The USPTO participates in E-Verify. For more information on E-Verify, please visit the Department of Homeland Security Website.

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 a list of qualified applicants who respond to this announcement, if additional vacancies in the same title, series, grade, and unit occur within 90 days from the date the certificate was prepared.

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 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.

In order to be considered for this position, you must (1) demonstrate in your application package that you meet the experience as defined under the "Qualifications" section, (2) answer the Professional Technical Qualifications (PTQs), (3) submit a detailed resume that supports your answers to the PTQs and specialized experience, and (4) provide a writing sample.

Your responses to the PTQs, resume, and writing sample will be evaluated by a Human Resources Specialist and/or a subject matter expert. Falsifying your background, education, and/or experience is cause for not hiring you or for changing your scored responses to questions you've answered, which may affect your overall final score.

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).

Candidates are evaluated by an executive rating panel based on the degree to which they meet the PTQs, and which considers the applicant's education, work-related experience, training, awards, and professional recognition, as set forth in the materials submitted by the candidates and placed in one of the pre-defined quality categories. These categories are "Highly Qualified", "Well Qualified" and "Qualified." Candidates placed in the "highest quality category" will be identified for referral to the hiring manager and may be invited for an interview.

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