Senior Trademark Legal Counsel

Duties

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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.

Requirements

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Conditions of employment

• You must be a U.S. Citizen or a National.
• Complete a Declaration of Federal Employment to determine your suitability for Federal employment.
• Required to pass a background investigation and fingerprint check.
• If you are a male applicant born after December 31, 1959, you must certify that you have registered with the Selective Service System or are exempt from having to do so. (see https://www.sss.gov/RegVer/wfRegistration.aspx)
• Financial Disclosure Report (OGE-278) will be required upon appointment and annually.
• If this is your first federal appointment, you will be required to complete a two-year probationary period. Current federal service employees may be given a new appointment, and a new probationary period may be required.

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.

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 http://www.uspto.gov/accommodation.

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.

Benefits

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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.