Attorney Advisor (Trademark)

Employer
USAJobs
Location
Alexandria, Virginia
Posted
May 27, 2022
Closes
Jun 01, 2022
Hours
Full Time
Duties

The incumbent may telework from anywhere in the U.S. or work from the physical worksite which 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. The nature and scope of telework opportunities will be subject to the unit's telework policy and any applicable bargaining unit agreements.

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(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

Conditions of Employment

  • You must be a United States Citizens and Nationals.
  • Your resume and question responses must demonstrate the job-related competencies.
  • You must meet the definition of Specialized Experience and Professional Legal Experience.
  • 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 may be required to complete a two-year trial period.
  • You must meet all qualification requirements upon the closing date of this announcement.
  • You must be suitable for Federal employment.


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.

Additional information

Applicants applying for this position must be a U.S. Citizen or National.

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, 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).