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Attorney Advisor (Trademark)

Department of Commerce
Patent and Trademark Office
Commissioner for Trademarks Law Offices
This job announcement has closed

Summary

The filing of a Confidential Financial Disclosure is required for the GS-13 and GS-14 grade level positions.

These positions are projected to start in June 2024.


Please review the "Required Documents" section of this job announcement for documents needed for a complete application.

Overview

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Hiring complete
Open date: 01/16/2024
Closed date: 02/06/2024
Location
Few vacancies in the following location:
Work site options
Telework eligible
Yes—as determined by the agency policy.
Remote job
No
Relocation expenses reimbursed
No
Salary
$99,200 - $181,216 per year

**Salary listed above is for the Washington-Baltimore-Arlington area; Salary dependent on location of selectee; Locality tables are listed on OPM.

Pay scale & grade
GS 12 - 14
Promotion potential
14
Pay scale and grade determines the salary of the job.
Work schedule
Full-time
Travel Required
Not required
Appointment type
Permanent
Occupations and job series
Supervisory status
No
Federal service type
This job is in the Excepted Service
Drug test
No
Security clearance
Other
Position sensitivity and risk
Moderate Risk (MR)
Jobs require a background check and some require a security clearance. The type depends on the job.
Background check type
Announcement number
TMCO- COMM-24-12277976-EX
Control number
770898000

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Duties

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The physical worksite for this position is located in Alexandria,Virginia.

Prior to the start date, the incumbent will be given the opportunity to elect to work from the Alexandria headquarters, from an alternate/home location within the United States (defined as the 50 United States, the District of Columbia, and Puerto Rico), or a combination of headquarters and alternate location. Your salary/pay will be based on your selected worksite geographical location. The nature and scope of telework opportunities will be subject to the unit's telework policy and any applicable bargaining unit agreements.

The individual(s) selected for this position will:

  • Complete examination of applications for the registration of trademarks to ensure compliance with the Trademark Act of 1946 and related statutes.
  • Address issues that may arise during the examination include: likelihood of confusion, ownership, use of the mark in commerce, descriptive or generic uses of the mark, acquired distinctiveness, functionality and/or ornamentation.
  • Conduct the review of applications which may pose complex factual and legal questions; analyze the record; evaluate facts; and determine questions of law.
  • Approve a mark for publication for opposition or issue the final position of the Agency.
  • Communicate with mark owners or outside counsel in order to resolve issues that arise during examination.
  • Prepare cases for ex parte appeal to the Trademark Trial and Appeal Board.

Requirements

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Conditions of employment

  • Applicants will only be accepted from United States Citizens and Nationals.
  • Your resume and question responses must demonstrate the job-related competencies.
  • You must meet the definition of specialized experience.
  • Required to pass a background investigation and fingerprint check.
  • Must be registered for Selective Service, if applicable (www.sss.gov) Suitable for Federal employment.
  • If selected, you may be required to complete a two-year trial period.
  • You must meet all qualification requirements upon the closing date of this announcement.

Qualifications

The Office of Personnel Management (OPM) has not issued qualification standards for attorney positions. USPTO sets minimum qualifications for attorney positions and sets forth these qualifications in each vacancy announcement.

To be eligible for this position, you must:

1. Be a Former USPTO Trademark Examining Attorney or CTAP eligible candidate.2. Be a U.S. Citizen or National.3. Meet the following education requirements: possess a Juris Doctor (J.D.) degree or Master of Laws (LL.M.) from an American Bar Association accredited law school.4. Be a current member of the Bar in Good Standing of any state, District of Columbia, Puerto Rico, or any U.S. territory.


In addition to the eligibility requirement listed above, you must have the following required experience:

At the GS -12 grade level: One (1) year of Professional Legal Experience listed below and one (1) year of qualifying Specialized Experience described as: Experience with the review of numerous trademark applications, including oral and written communications with law professionals and laypersons on the subjects of trademark law and the federal application and registration process, the drafting and issuance of office actions and/or responses to office actions, designing and executing searches and evaluating results from automated federal trademark register search systems, and expertise with USPTO trademark examination systems for the creation of office actions, review and modification of application data, review of responses to actions, searching for conflicting marks, and managing workflow.

At the GS 13 grade level: Two (2) years of Professional Legal Experience listed below and one (1) year of qualifying Specialized Experience described as: Experience with the review of a significant number of trademark applications, including oral and written communications with law professionals and laypersons on the subjects of trademark law and the federal application and registration process, and the independent drafting and issuance of office actions and/or responses to office actions, independently designing and executing searches and evaluating results from automated federal trademark register search systems, and expertise with USPTO trademark examination systems for the creation of office actions, review and modification of application data, review of responses to actions, searching for conflicting marks, and managing workflow.

At the GS 14 grade level: Three (3) years of Professional Legal Experience listed below and one (1) year of qualifying Specialized Experience described as: Experience with with the review of a substantial number of trademark applications, including oral and written communications with law professionals and laypersons on the subjects of trademark law and the federal application and registration process, independent drafting and issuance of office actions, independent design and execution of searches and evaluation of results from federal trademark search systems, and expertise with USPTO trademark automated systems for the creation of office actions, review and modification of application data, review of application records, searching for conflicting marks, and managing workflow; experience with the independent review of trademark applications in all international classes; and experience with the independent review of difficult and complex trademark applications, including certification, collective membership and non-traditional marks.

Professional Legal/Law Experience (GS-12/13/14): Professional Legal/Law Experience is 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 of Trademark Law. 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; 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; conducting investigations to obtain facts; determines questions of law; studies, analyzes and evaluates legal precedents, to present findings. 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 Master of Laws (LL.M.) degree or Juris Doctor (J.D.) degree from an ABA accredited law school.

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 and represented by The National Treasury Employees Union, Chapter 245 (NTEU 245). Additional information about this bargaining unit may be obtained at http://www.nteu.org or by email to nteu245.tm.uspto@gmail.com.

This is a Public Trust position and has a risk level designation of "MODERATE."

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.

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

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, 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.

Your eligibility for consideration and qualifications for the position will be determined based upon a review of your detailed resume.

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 click the link below to preview the Assessment Questionnaire:
https://apply.usastaffing.gov/ViewQuestionnaire/12277976

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).

Patent and Trademark Office

Come work for the Patent and Trademark Office, we have been ranked as one of the best places to work in the federal government! The U.S. Patent and Trademark Office (USPTO) has been serving the economic interests of America for more than 200 years. We are responsible for granting US intellectual property rights for patents and trademarks. The USPTO is headquartered in Alexandria, Virginia, and has over 12,000 employees. For more information about the USPTO, please visit the USPTO Jobs Website.

Agency contact information

Nicholas Hornung
Phone
(571) 270-0821
Email
nicholas.hornung@uspto.gov
Address
TMCO-Commissioner for Trademarks
Office of Human Resources
Mail Stop 171
P.O. Box 1450
Alexandria, VA 22313-1450
US

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