Senior Trademark Legal Counsel

About the role

The United States Patent and Trademark Office's (USPTO) mission is to promote innovation and competition by providing quality examination and issuance of patent and trademark applications, guiding domestic and international intellectual property (IP) policy, and delivering IP information and education worldwide.

Through the registration of trademarks, the USPTO supports entrepreneurs and businesses identify their goods or services in the marketplace and distinguish themselves from competitors.

What you will do

• 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 Senior Counsel serves as an expert advisor to the Deputy Solicitor, Solicitor and the USPTO to bring urgency and awareness to trademark legal and policy developments at a time of rapid evolution.
• The candidate serves as a legal strategist for and helps manage the Solicitor's Office's trademark-related litigation, with a focus on overseeing the Solicitor's Office's work in determining whether opinions from Trademark Trial and Appeal Board (TTAB) decisions and identifying opportunities for the USPTO to file amicus and intervenor briefs in federal litigations (both agency and non-agency cases) that align with USPTO goals and implicate broader intellectual policy objectives in order to further those objectives.
• The candidate will lead a team responsible for writing intervention and amicus memos in trademark cases, as well as in significant copyright cases, help to supervise the preparation of briefs and arguments in such cases, and interface with the Department of Justice, the Trademark Trial and Appeal Board (TTAB), the Trademarks organization, the Office of Policy and International Affairs, as well as the Office of the Undersecretary, on the issues involved.
• The candidate also serves as a legal expert and advisor to the Under Secretary and Director, General Counsel, Solicitor, TTAB and Trademarks management, and other senior officials on complex trademark and policy matters, advising on the legal sufficiency and litigations risk of legal and policy positions, and highlighting the implications for external stakeholders.
• The candidate will work closely with the Trademarks organization on trademark policy issues, including proceedings created by the Trademark Modernization Act and efforts to protect the integrity of trademark examination proceedings and the trademark register.
• The candidate will also: Review and propose revisions to the trademark statutes, rules, and manuals of procedure; Provide legal opinions on availability of marks proposed to be used by the agency; Coordinate the Solicitor's Office's efforts in district court litigation involving trademark and administrative law issues; Attend meetings on behalf of the Solicitor or Deputy Solicitor; Serve as Acting Solicitor in the Solicitor's absence or Acting Deputy Solicitor in the Deputy Solicitor's absence; Review briefs to be filed by the Solicitor's Office in trademark cases; Advise and conduct training for Associate Solicitors; and Handle other matters as assigned.
• As a condition of employment for accepting this position, you will be serving in a position in Schedule Policy/Career of the excepted service.
• You will obtain competitive status after two years of service in this position [if applicable].
• Your employment in this position will be at-will.
• Merit Systems Protection Board (MSPB) appeals of adverse actions concerning performance, discipline, and other matters arising under chapters 23, 43, and 75 of title 5, U.S.C will not be available to an individual serving in this position.
• Prohibitions on prohibited personnel practices will be enforced by the Office of General Counsel and not the Office of Special Counsel.

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. A college or university degree generally must be from an accredited (or pre-accredited) college or university recognized by the U.S. Department of Education.

For a list of schools which meet these criteria, please refer to Department of Education Accreditation page. FOREIGN EDUCATION: Education completed in foreign colleges or universities may be used to meet the requirements.

You must show proof the education credentials have been deemed to be at least equivalent to that gained in conventional U.S. education program.

It is your responsibility to provide such evidence when applying.

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above. Once the application process is complete, a review of your resume and supporting documentation will be conducted.

If you meet minimum qualifications, your Application Package will be further reviewed by rating panel to determine if you possess the Professional/Technical Qualifications (PTQs) listed above. PTQs must be thoroughly addressed within your two (2) page resume. Separate narratives will not be accepted or reviewed.

Superior applicants may undergo one or more interviews and may be referred to the selecting official for further consideration.

Documents you must provide

• A complete application consists of all items listed below.
• Required materials must be submitted by the conclusion of the staffing process.
• Applications that are incomplete at that time may not be considered.
• Please carefully review the following list to determine what documentation you need to submit.
• Some documents may not apply to all applicants.
• Resume: All applicants are required to submit a resume limited to two (2) pages and the font size should not be smaller than 11 pts (i.e., 1 page that is double-sided or 2 pages that are one-sided each).
• You will not be considered for this vacancy if your resume is illegible/unreadable.
• To receive full credit for relevant experience, please list the month/year worked for experience listed on your resume.
• Resume should clearly state your experience related to this position as described in the Duties section and Qualifications section.
• PLEASE DO NOT USE USAJOBS RESUME BUILDER.
• Education Documentation: 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.
• Proof of Good Standing and Active Membership: 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.
• (Optional) Notification of Personnel Action SF-50: Please submit a current SF-50 if you are a current or former Federal Employee.
• 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".
• Your application and all required documents must be received by 11:59 pm ET on the closing date of this job announcement.

What to expect next

You will receive a notice generated by the USAJobs system when you have successfully submitted your application.

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.

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 *** and clicking on "Track Your Online Application." The four points of notification are: 1. Application Received or Application Incomplete; and 2.

Minimum Qualification Requirement Met or Minimum Qualification Requirement Not Met; and 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, the USPTO will conduct a qualifications evaluation of applicants who submit the required material. It is the applicant's responsibility to provide any supplemental documents or information requested by the Office of Human Resources within the allocated timeframes.

Minimally Acceptable applicants will be rated and ranked by an executive-level rating panel. Superior candidates will be referred to the hiring official for further consideration and possible interview. You will be notified of the outcome after the completion of the selection process.

Additional information

OPM must authorize any employment offers made to current or former (within the last 5 years) political Schedule A, Schedule C, or Non-career SES employees in the executive branch. If you are currently, or have been within the last 5 years, a political Schedule A, Schedule C, or Noncareer SES employee in the executive branch, you must disclose that to the Human Resources Office.

This is a Non-Bargaining Unit position. You may be required to complete the Fair Credit Act Memo. This is a Public Trust position and has a risk level designation of High Risk.

Relocation expenses are not authorized and will not be paid. All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choice.

USPTO Job Applicants requiring reasonable accommodation for any part of the application and hiring process should request accommodation(s) from the USPTO at ***

Equal Employment Opportunity (EEO) Policy Statement: *** If you receive a tentative offer of employment for this position, you will be required to complete an Optional Form 306, Declaration of Federal Employment, and to sign and certify the accuracy of all information in your application, prior to entry on duty.

False statements on any part of the application may result in withdrawal of offer of employment, dismissal after beginning work, fine, or imprisonment. Employment Information Resources - Resource Center: *** 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.

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 (***) or phone (***).

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.