Attorney Examiner (ATJ)

Are you ready to elevate your career through imagination, discernment, and ingenuity? Join a dynamic and skilled team empowered to preserve the legal and procedural rights of trademark owners and the public. As an Administrative Trademark Judge (ATJ), you'll work together with other judges to provide determinations of trademark registration disputes, while upholding the integrity of the Principal and Supplemental Registers and the registration system.

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 agency currently allows for 52 hours of telework per calendar year.

If you're ready to promote and protect the interests of trademarks owners and the public, then this amazing opportunity within the Trademark Trial and Appeal Board (TTAB) is open to you! If you're motivated and ready for your next challenge, come join the agency that drives economic growth, national prosperity, and celebrates and supports the collaborative teamwork of its employees.

As an Administrative Trademark Judge (ATJ), you'll work together with other judges as a cohesive collective unit to further the mission of the TTAB.

An ATJ serves as a member of the Trademark Trial and Appeal Board of the USPTO. The TTAB has the authority to:

• Review ex parte appeals of adverse decisions on trademark applications made by trademark examining attorneys;
• Review and decide inter partes oppositions to applications, petitions to cancel registrations, and concurrent use proceedings;
• Review and decide contested interlocutory motions in inter partes proceedings in collaboration with TTAB interlocutory attorneys and judge panels;
• Evaluate evidence, and arguments and citations presented in briefs filed in contested trademark trial cases and appeals;
• Engage in conferences with TTAB attorneys, judges and parties involved in trials and appeals, arising under Federal trademark registration statutes.

As an ATJ, you will:

• Review arguments and evidence provided in motions, briefs and oral hearings;
• Effectively work with colleagues to analyze and decide legal and factual issues;
• Prepare and issue timely, high-quality decisions, that are consistent with statutes, regulations, case law, and agency policies;
• Display professionalism and judicial decorum; and
• Perform any task that supports the mission of the USPTO and the TTAB, such as: participating in stakeholder engagement, leading project teams, contributing to policy development, and developing best practices.

The decisions of the TTAB are final in the Executive Branch and are subject to review, through appeal, only by the U.S. Court of Appeals for the Federal Circuit or by civil action in a U.S. District Court. The TTAB judges serve under the general administrative direction of the Chief and Deputy Chief Administrative Trademark Judges, TTAB. All adjudicatory functions are performed in concert with other assigned judges on each panel.

Salary

• $170,618 - $209,600/year

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.
• You must meet all qualification requirements upon the closing date of this announcement.

Qualifications

You must have significant, specialized experience at a level close to the work of this job that has given you the particular knowledge, skills, and abilities required to successfully perform in the position. Typically, we would find this experience in work within the Trademark litigation and prosecution field or general IP field with a significant Trademark component and would be acquired over a lengthy period of years in the private practice of IP law, in IP-related government positions, or similar legal work.

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. The candidate must be a recognized subject matter expert with directly related experience. Candidates must demonstrate their experience meets the Professional Technical Qualifications for this position in their two-page resume and writing sample.

There is NO requirement to prepare a narrative statement specifically addressing the Professional Technical Qualifications (PTQs).

PROFESSIONAL TECHNICAL QUALIFICATIONS (PTQS): Your resume should demonstrate accomplishments that would satisfy the technical qualifications.

1. Demonstrated comprehensive knowledge of and expertise in the legal principles and technical subject matter related to appeals and inter partes trial proceedings at the Trademark Trial and Appeal Board, including the Trademark Act and the statutory grounds for refusing/challenging registration, USPTO rules governing trademark matters (e.g., 37 C.F.R. Parts 2, 3, and 7), Federal Rules of Civil Procedure, Federal Rules of Evidence, and common law governing the acquisition of ownership rights of marks, with the demonstrated ability to analyze and apply relevant law, interpret complex technical and factual information, review written work product of others, and collaborate and communicate effectively with others to resolve legal and technical issues.
2. Demonstrated ability to sift through pleadings, discovery, evidence, and briefs to find the important facts in a case, prepare clear and concise written documents applying pertinent law to those facts, and to manage multiple competing priorities, including assigned work and collaborative work with others, while meeting prescribed deadlines, productivity goals and quality standards.

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. Other 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. Equal Employment Opportunity (EEO) Policy Statement: http://www.eeoc.gov/federal/index.cfm 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: https://help.usajobs.gov/how-to The USPTO participates in E-Verify. For more information on E-Verify, please visit the Department of Homeland Security Website. 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 (oeeo@uspto.gov) or phone (571-272-8292). Required Documents

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.

1. Resume: All applicants are required to submit a two-page resume (NOT TO EXCEED 2 PAGES). To receive full credit for relevant experience, please list the month/year and number of hours worked for experience listed on your resume. All applicants are required to submit a resume limited to two (2) pages (i.e., 1 page that is double-sided or 2 pages that are one-sided each) showing all relevant experience. PLEASE DO NOT USE USAJOBS RESUME BUILDER.

2. A Writing Sample: No more than 10 pages that fully addresses a discrete argument or issue involving trademark law and demonstrates your analytical skills, organization, and clarity of writing. Your writing sample should be written by you and reflect your original work product, without significant editing by others. (Additional pages will not be reviewed beyond page 10)

3. Education Documentation: For positions with an education requirement, submit a copy of your transcripts or equivalent. An official transcript will be required if you are selected and not already on file. See "Education" for more details.

4. 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.

5. 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".

6. Career Transition Assistance Program (CTAP) or Interagency Career Transition Assistance Program (ICTAP) documents: Applicants will be asked to submit: (1) A copy of your specific RIF notice, written notice of your expected separation or other documents of priority consideration status; (2) A copy of your latest SF-50 noting current position, grade, and duty location; (3) A copy of your last performance appraisal and the rating; and (4) Any documents from your agency that shows your current promotion potential.

7. Special Hiring Authorities Documentation (Required, if applicable): If you are applying under a special hiring authority, submit a copy of proof of your eligibility.

8. Veterans Preference Documentation: Attorney positions are in the excepted service, not the competitive civil service. There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the USPTO considers veterans' preference eligibility as a positive factor consideration in the hiring process.

If you are a veteran with preference eligibility, you will be asked to submit a copy of your DD-214 containing your discharge disposition, dates of service, and rank. 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 a copy of each Certificate of Release or Discharge from Active Duty, DD-214. For more information, please visit Feds Hire Vets.

Your application and all required documents must be received by 11:59 pm ET on the closing date of this job announcement.

How to Apply

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) 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.