Senior Trademark Legal Counsel

USPTO; Alexandria (VA); On-site; USD 140,000 - 180,000; Full time

Job summary

The United States Patent and Trademark Office (USPTO) seeks a Senior Counsel to advise on trademark policy developments and related litigation. The role leads a team responsible for intervention and amicus work, coordinating with DAG/TTAB, DOJ, and the Office of the Solicitor to advance USPTO objectives.

Candidates must hold a law degree, be admitted to the bar, and demonstrate PTQs with high-level expertise. On-site in Alexandria, VA with limited telework possible per policy.

Qualifications

• Expert knowledge of trademark law, TTAB, and related policy issues.
• Ability to oversee federal court litigation involving trademark and copyright issues.
• Experience coordinating with DOJ and multiple USPTO offices on policy matters.

Responsibilities

• Lead team in writing intervention and amicus memos for trademark and copyright cases.
• Supervise briefs and arguments, and interface with DOJ, TTAB and policy offices.
• Advise senior officials on legal sufficiency and risk of policy positions.

Skills

Trademark law

Litigation strategy

Policy development

Education

Juris Doctor (JD)

Bar admission (US)

Job description

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.

Telework

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.

Duties

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.

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.

Conditions of Employment

Applications will only be accepted from United States Citizens and Nationals and your resume and question responses must demonstrate the job-related competencies. If selected, you will be required to pass a background investigation.

The full list of conditions and qualifications can be found on the USAJOBS posting.

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.