Senior Trademark Legal Counsel

Summary

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.

Duties

• 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.

Qualifications

To meet the minimum requirements for a Senior Level position, candidates must be a recognized subject matter expert with directly related experience. Typically, experience of this nature will have been gained at the GS-15 or equivalent level in the federal service or its equivalent in the private sector. Candidates must demonstrate their experience meets the Professional Technical Qualifications for this position in their two-page resume and this experience must have been at a sufficiently high level of difficulty to clearly show the candidate possesses the required subject matter expertise and technical qualifications set forth below. 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. To meet the minimum qualification requirements for this position, you must show that you possess the Professional Technical Qualifications (PTQs) related to the position within your resume - NOT TO EXCEED 2 PAGES. Resumes over the 2-page limit, will not be reviewed beyond page 2 or may be disqualified. Your resume should include examples of experience, education, and accomplishments applicable to the qualification(s). If your resume does not reflect demonstrated evidence of these qualifications, you may not receive consideration for the position. PROFESSIONAL TECHNICAL QUALIFICATIONS (PTQS): Your resume should demonstrate accomplishments that would satisfy the technical qualifications. PROFESSIONAL TECHNICAL QUALIFICATIONS (PTQS): 1. Expert knowledge of trademark law, rules and procedures in appeals and inter partes cases at the Trademark Trial and Appeal Board, rules and procedures affecting trademark examination, and related policy issues. 2. Ability to oversee and litigate federal court cases on behalf of the USPTO that involve trademark and/or copyright issues, including formulating legal strategies and preparing briefs. There is NO requirement to prepare a narrative statement specifically addressing the Professional Technical Qualifications (PTQs).

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 to apply

***If you are currently, or have been within the last 5 years, a political Schedule A, Schedule C, or Non-career SES employee in the executive branch, you must disclose this information within your application. You MUST apply online. To apply for this position, you must complete this application and submit any required documents specified in the Required Documents section and submit by 11:59 PM (EST) on the closing date of the announcement to receive consideration. If you experience difficulties with the application process or do not have access to a computer, please contact the HR Specialist listed as the point of contact before the closing date of this job announcement. To begin, click Apply to access the online application. You will need to be logged into your USAJOBS account to apply. If you do not have a USAJOBS account, you will need to create one before beginning the application. Follow the prompts to select your resume and/or other supporting documents to be included with your application package. You will have the opportunity to upload additional documents to include in your application before it is submitted. Your uploaded documents may take several hours to clear the virus scan process. After acknowledging you have reviewed your application package, complete the Include Personal Information section as you deem appropriate and click to continue with the application process. You will be taken to the online application which you must complete in order to apply for the position. Complete the online application, verify the required documentation is included with your application package, and submit the application. You must re-select your resume and/or other documents from your USAJOBS account or your application will be incomplete. It is your responsibility to verify that your application package (resume, supporting documents, and responses to the questionnaire) is complete, accurate, and submitted by the closing date. Uploaded documents may take up to one hour to clear the virus scan process. Additional information on how to complete the online application process and submit your online application may be found on the USA Staffing Applicant Resource Center. Application packages will NOT be accepted via mail. Due to security processes, mail delivery takes approximately 2-3 weeks to process at which time the vacancy announcement will be closed, and no further consideration will be given to additional application packages. Personally Identifiable Information (PII) Personally Identifiable Information (PII) is defined as information that can be traced back to a specific individual and potentially compromise their security or privacy. Examples of PII include: date of birth, Social Security Number, and place of birth. Please ensure that you have removed all PII from all documents prior to submitting or uploading your applications material.