The Legal Policy Office provides legal and policy guidance on complex trademark matters affecting USPTO programs and operations. The incumbent analyzes difficult legal issues involving statutes, regulations, treaties, and case law; conducts research; develops policy in response to new legal developments; advises agency officials; and drafts rules, comments, recommendations, and decisions for agency consideration.
Summary
The Legal Policy Office provides legal and policy guidance on complex trademark matters affecting USPTO programs and operations. The incumbent analyzes difficult legal issues involving statutes, regulations, treaties, and case law; conducts research; develops policy in response to new legal developments; advises agency officials; and drafts rules, comments, recommendations, and decisions for agency consideration.
The physical worksite for this position is located in Alexandria, Virginia. Presence at the Alexandria, VA campus is required for this role, as it includes on site functions that must be performed in person. Position may be eligible for situational telework in accordance with agency policy/business unit discretion. The agency currently allows for 52 hours of telework per calendar year.
As a legal policy office attorney advisor shaping trademark examination policy, rulemaking, and agency guidance, the individual selected for this position must ENJOY:
Leading development and revision of trademark policies, procedures, and guidance, including updates to the TMEP and Trademark Rules of Practice.
Advising leadership on complex legal issues involving statutes, regulations, treaties, case law, and proposed legislation affecting trademark operations.
Drafting and reviewing administrative orders, formal correspondence, legal comments, and policy recommendations for agency consideration.
Conducting in-depth legal research and analysis on trademark filing matters, register integrity, petitions, appeals, and related proceedings.
Serving as a liaison to internal USPTO business units and stakeholders on trademark application, registration, and post-registration matters.
Representing the USPTO in public forums, conferences, and outreach events by communicating policy changes and examination guidance.
Designing and delivering presentations, training, and educational materials to support consistent application of trademark law and policy.
Applications 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).
If selected, you may be required to complete a one year probationary period.
You must meet all qualification requirements upon the closing date of this announcement.
Suitable for Federal Employment.
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 position requires filing a Confidential Financial Disclosure Report (OGE Form 450) upon appointment and annually thereafter.
Qualifications
You must meet the United States Office of Personnel Management's (OPM) qualification requirements (including specialized experience and/or educational requirements) for the advertised position. You must meet all eligibility and qualifications requirements by the closing date of the job announcement. OPM Qualifications Standards are available at General Attorney Series, 0905.
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.
Qualified applicants should possess both specialized experience and professional/legal experience as listed below:
Specialized experience for this position includes:
Experience applying trademark law, policy, practice, and procedure relating to the examination of applications for trademark registration; and
Experience developing examination policy and analyzing complex legal documents, including conducting legal analysis of procedural and substantive arguments from legal counsel or pro se parties in the area of trademark law; and
Experience communicating effectively, both orally and in writing, with senior-level officials.
AND
Applicants must possess a minimum of four (4) years of professional law/legal experience, post J.D. as described below:
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; 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
You must possess a Juris Doctor (J.D.) degree or Master of Laws (L.L.M) degree from an American Bar Association accredited law school and an active bar membership of any state.
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 General Schedule Qualification Policies 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 Non-Bargaining Unit position.
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.
Financial disclosure statement (OGE Form 450) is required for this position. For more information, please visit www.OGE.gov.
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 USPTO Reason 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 sexual orientation), national origin, political affiliation, marital status, disability, genetic information, age, pregnancy, childbirth, or related medical conditions, retaliation for engaging in protected activity, 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 via email (oeeo@uspto.gov) or phone (571-272-8292).
Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.
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 qualifications will be evaluated based on your application materials (e.g., resume, supporting documents), your responses on the application questionnaire, and your responses to all assessments required for this position.
You will be assessed on the following competencies (knowledge, skills, abilities, and other characteristics):
Attention to Detail
Customer Service
Decision Making
Flexibility
Influencing/Negotiating
Integrity/Honesty
Interpersonal Skills
Learning
Reasoning
Self-Management
Stress Tolerance
Teamwork
Attention to Detail
Customer Service
Flexibility
Influencing/Negotiating
Integrity/Honesty
Interpersonal Skills
Learning
Self-Management
Stress Tolerance
Teamwork
Decision Making
Reasoning
Overstating your qualifications and/or experience in your application materials or application questionnaire may result in your removal from consideration. Cheating on an assessment may also result in your removal from consideration.
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 sexual orientation), national origin, political affiliation, marital status, disability, genetic information, age, pregnancy, childbirth, or related medical conditions, retaliation for engaging in protected activity, 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 via email (oeeo@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.
A 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. Please note your resume must be limited to a maximum of two pages. Resumes exceeding this limit will not be considered eligible. Please submit only one resume. Only the document uploaded under the "Resume "section as the "Document Type" will be reviewed to assess your qualifications and for evaluation purposes.
Professional or Academic References - Provide 2-3 professional/academic references (name, phone, email); one must be your current supervisor. We'll notify you before contacting them
Transcripts: You MUST submit copies of your LAW SCHOOL 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.
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. Examples of acceptable bar documentation may include one of the following: 1) Copy of Bar Card; 2) Screen shot of state of licensure with your name identified; 3) Copy of Certificate of Good Standing 4) Identify BAR membership number on the resume.
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., SF-15, DD 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.
Please Note: Responses to job questions that are not fully supported by the information in your resume may result in adjustments to your rating. Any experience claimed in a cover letter should be substantiated by information contained in your resume. A HR Representative will validate the qualifications of those candidates eligible to be referred to the hiring official.
Supporting Documents:
PLEASE NOTE: Applicants who meet the minimum eligibility and qualification requirements for this position may be contacted via email within 7 business days of this announcement closing to submit follow-up supporting docs if applicable. Applicants applying as current/former Federal employees OR as VEOA eligibles who fail to submit supporting documents within 5 business days of receiving the email request will lose further consideration for this position. Applicants claiming CTAP/ICTAP or Sch A eligibility who fail to submit supporting documents within 5 business days of receiving the email request will not lose consideration for this position, however they will not be entitled to special or priority consideration. Supporting docs that may be requested of applicants after the closing date of this announcement are:
1. 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 SF-50, "Notification of Personnel Action" so that we may verify your time-in-grade.
2. Performance Appraisal - Recent performance appraisal with supervisor's signature showing the official final rating of record and copy of incentive award(s). In cases where the performance appraisal is incomplete or unavailable, applicants may provide explanation of the reasons.
You can upload your documents when you register or update your information on the Dept. of Commerce site which you access through the USAJobs site.
Your application and all required documents must be received by 11:59 pm ET on the closing date of this job announcement.
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.
If you are relying on your education to meet qualification requirements:
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
Please read the entire announcement and all the instructions before you begin an application. To apply and be considered for this position, you must complete all required questionnaires, assessments and submit all required documentation as specified in the How to Apply and Required Documents section. The complete application package must be submitted by 11:59 PM (ET) on the closing date of the announcement to receive consideration. The application process is as follows:
Click the Apply Online button.
Answer the questions presented in the application and attach all necessary supporting documentation.
Click the Submit Application button prior to 11:59 PM (ET) on the announcement closing date.
If you are required to complete any USA Hire Assessments, you will be notified after submitting your application. The notification will be provided in your application submission screen and via email. The notification will include your unique assessment access link to the USA Hire system and the completion deadline. Additionally, in USAJOBS you can click "Track this application" to return to your assessment completion notice.
Access USA Hire using your unique assessment link. Access is granted through your USAJOBS login credentials.
Review all instructions prior to beginning your assessments. You will have the opportunity to request a testing accommodation before beginning the assessments should you have a disability covered under the Rehabilitation Act of 1973 as amended.
Set aside at least 2 hours to take the USA Hire Assessments; however, most applicants complete the assessments in less time. If you need to stop the assessments and continue later, you can re-use your unique assessment link.
Your responses to the USA Hire Assessments will be reused for one year (in most cases) from the date you complete an assessment. If future applications you submit require completion of the same assessments, your responses will be automatically reused.
To update your application, including supporting documentation: During the announcement open period, return to your USAJOBS account, find your application record, and click Edit my application. This option will no longer be available once the announcement has closed.
To view the announcement status or your application status: Visit https://www.usajobs.gov/Help/howto/application/status/. Your application status page is where you can view your application status, USA Hire assessment completion status, and review your notifications sent by the hiring agency regarding your application.
TMCO-Deputy Commissioner for Trademark Exam Policy
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 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. Please note your resume must be limited to a maximum of two pages. Resumes exceeding this limit will not be considered eligible. Please submit only one resume. Only the document uploaded under the "Resume "section as the "Document Type" will be reviewed to assess your qualifications and for evaluation purposes.
Professional or Academic References - Provide 2-3 professional/academic references (name, phone, email); one must be your current supervisor. We'll notify you before contacting them
Transcripts: You MUST submit copies of your LAW SCHOOL 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.
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. Examples of acceptable bar documentation may include one of the following: 1) Copy of Bar Card; 2) Screen shot of state of licensure with your name identified; 3) Copy of Certificate of Good Standing 4) Identify BAR membership number on the resume.
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., SF-15, DD 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.
Please Note: Responses to job questions that are not fully supported by the information in your resume may result in adjustments to your rating. Any experience claimed in a cover letter should be substantiated by information contained in your resume. A HR Representative will validate the qualifications of those candidates eligible to be referred to the hiring official.
Supporting Documents:
PLEASE NOTE: Applicants who meet the minimum eligibility and qualification requirements for this position may be contacted via email within 7 business days of this announcement closing to submit follow-up supporting docs if applicable. Applicants applying as current/former Federal employees OR as VEOA eligibles who fail to submit supporting documents within 5 business days of receiving the email request will lose further consideration for this position. Applicants claiming CTAP/ICTAP or Sch A eligibility who fail to submit supporting documents within 5 business days of receiving the email request will not lose consideration for this position, however they will not be entitled to special or priority consideration. Supporting docs that may be requested of applicants after the closing date of this announcement are:
1. 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 SF-50, "Notification of Personnel Action" so that we may verify your time-in-grade.
2. Performance Appraisal - Recent performance appraisal with supervisor's signature showing the official final rating of record and copy of incentive award(s). In cases where the performance appraisal is incomplete or unavailable, applicants may provide explanation of the reasons.
You can upload your documents when you register or update your information on the Dept. of Commerce site which you access through the USAJobs site.
Your application and all required documents must be received by 11:59 pm ET on the closing date of this job announcement.
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.
If you are relying on your education to meet qualification requirements:
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
Please read the entire announcement and all the instructions before you begin an application. To apply and be considered for this position, you must complete all required questionnaires, assessments and submit all required documentation as specified in the How to Apply and Required Documents section. The complete application package must be submitted by 11:59 PM (ET) on the closing date of the announcement to receive consideration. The application process is as follows:
Click the Apply Online button.
Answer the questions presented in the application and attach all necessary supporting documentation.
Click the Submit Application button prior to 11:59 PM (ET) on the announcement closing date.
If you are required to complete any USA Hire Assessments, you will be notified after submitting your application. The notification will be provided in your application submission screen and via email. The notification will include your unique assessment access link to the USA Hire system and the completion deadline. Additionally, in USAJOBS you can click "Track this application" to return to your assessment completion notice.
Access USA Hire using your unique assessment link. Access is granted through your USAJOBS login credentials.
Review all instructions prior to beginning your assessments. You will have the opportunity to request a testing accommodation before beginning the assessments should you have a disability covered under the Rehabilitation Act of 1973 as amended.
Set aside at least 2 hours to take the USA Hire Assessments; however, most applicants complete the assessments in less time. If you need to stop the assessments and continue later, you can re-use your unique assessment link.
Your responses to the USA Hire Assessments will be reused for one year (in most cases) from the date you complete an assessment. If future applications you submit require completion of the same assessments, your responses will be automatically reused.
To update your application, including supporting documentation: During the announcement open period, return to your USAJOBS account, find your application record, and click Edit my application. This option will no longer be available once the announcement has closed.
To view the announcement status or your application status: Visit https://www.usajobs.gov/Help/howto/application/status/. Your application status page is where you can view your application status, USA Hire assessment completion status, and review your notifications sent by the hiring agency regarding your application.
TMCO-Deputy Commissioner for Trademark Exam Policy
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.
