Duties

Summary

Come work for the USPTO, 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 Careers Website .

Learn more about this agency

Responsibilities

The individual(s) selected for this position will be responsible for the complete examination of applications for the registration of trademarks to ensure compliance with the Trademark Act of 1946 and related statutes. 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. You will conduct the review of applications which may pose complex factual and legal questions; analyze the record; evaluate facts; and determine questions of law. You will approve a mark for publication for opposition or issue the final position of the Agency. You will communicate with mark owners or outside counsel in order to resolve issues that arise during examination. You will prepare cases for ex parte appeal to the Trademark Trial and Appeal Board.

Travel Required

Not required

Supervisory status
No

Promotion Potential
14

Requirements

Conditions of Employment

• You must be a U.S. Citizen or National.
• You must meet the definition of professional and specialized experience.
• You must possess a Law Degree and an active bar membership of any state.
• Required to pass a background investigation and fingerprint check.
• Must be registered for Selective Service, if applicable (www.sss.gov)
• Must be suitable for federal employment.

The physical worksite for this position is located in Alexandria, VA. However, the United States Patent and Trademark Office is currently under a mandatory 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 mandatory 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. Non-compliance with the supervisor's telework-schedule requirement could result in adverse action, including separation.

Telework is eligible once you are fully trained in this position.

Confidential Financial Disclosure filing is required for this positon at the GS-13 and GS-14 grade levels.

Please review the "Required Documents" section of this job announcement to see what must be included in a complete application.

These positions are projected to Start in October 2021 and February 2022.

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:

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:

GS-12: 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:

GS-13: 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:

GS14: 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 United States Citizen.

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.

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 one or 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.

Individuals who have special priority selection rights under the Agency Career Transition Assistance Program (CTAP) or Interagency Career Transition Assistance Program (ICTAP) will be eligible if it is determined that they have exceeded the minimum qualifications for the position. Information about CTAP/ICTAP eligibility is on the OPM CTAP/ICTAP.

CTAP/ICTAP documentation requirements are listed in the ‘Required Documents' section of this announcement.

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.

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.

Your application will be reviewed to determine if you meet the qualification requirements listed in this announcement. You will be rated based on the information provided in your resume along with your supporting documentation to determine your qualifications.

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).

To preview questions please click here .

Background checks and security clearance

Security clearance
Other

Drug test required
No

Position sensitivity and risk
Moderate Risk (MR)

Trust determination process
Suitability/Fitness

Required Documents

A complete application consists of:

1. 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 job titles, salary, employment dates, duties and accomplishments, experience and how it relates to the professional and specialized experience in the job announcement.

Supporting documents that may be requested of applicants after the closing date of this announcement are:

1. Bar Membership Documentation: You MAY be requested to provide 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.

2. Writing Samples - If the minimum qualifications requirements are met at the close of the qualifications review, you may be asked to submit writing samples. PLEASE DO NOT SUBMIT ANY DOCUMENTS NOT REQUIRED AT THE TIME OF APPLYING.

3. 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".

4. Veterans' Preference Documentation: If you are a veteran with preference eligibility, you will be asked to submit a Member 4 copy of your DD-214. If you are a preference eligible claiming a service connected disability of 10 percent or more, you will be asked to submit documentation (i.e. a letter dated 1991 or later from the Department of Veterans Affairs or from a branch of the Armed Forces) certifying to the veteran's present receipt of compensation. Veterans must include dates of military service within the automated application process, and submit Member 4 copy of each Certificate of Release or Discharge from Active Duty, DD-214. For more information, please visit Special Appointing Authorities for Veterans . For excepted service positions, Veterans' Preference does not apply; however, Veteran's will receive positive consideration.

5. Career Transition Assistance Program (CTAP) 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.

You can choose ONE of the following methods to submit Supporting Documents:

1) You can upload your documents when you register or update your information on the Department of Commerce application site which you access through the USAJobs site.

OR

2) You can fax your documents to 571-258-4254 using the system generated fax cover sheet.

If you are relying on your education to meet qualification requirements:

Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education .

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.