Become a trademark examining attorney

Trademark examining attorneys review trademark applications for compliance with the Lanham Act for the purpose of determining registrability in the United States. They research and write correspondences to applicants on various statutory and procedural issues, work with applicants to correct informal defects in applications, and approve applications for publication and registration. They also draft appeal briefs and represent the USPTO before the Trademark Trial and Appeal Board (TTAB).

An attorney advisor (GS-11 "Trademark examining attorney") is an entry-level position.

To apply, you must:

• Be a U.S. citizen or national
• Possess a law degree
• Have active bar membership in any state, D.C., or Puerto Rico

Responsibilities

As an attorney advisor, you will be responsible for the complete ex parte examination of applications for the registration of trademarks to ensure compliance with the Trademark Act of 1946 and related statutes. Issues that may arise during the examination include: likelihood of confusion; ownership; use of the mark in commerce; descriptive or generic uses of the mark; acquired distinctiveness; functionality; and/or ornamentation.

You will conduct preliminary review of applications which may pose complex factual and legal questions, analyze the record, evaluate facts, and determine questions of law. You will recommend approval of a mark for publication for opposition or draft the final position of the agency on an application during the examination stage.

You may speak with an applicant or their attorney in order to resolve issues that arise during examination. You will prepare cases for ex parte appeal to the TTAB.

• The GS-9 “Law clerk” vacancy is for entry-level trademark examining attorney positions. Applicants must have a law degree and complete bar admission within 14 months of being hired. Once bar admission is complete, new GS-9 hires will be converted to GS-11. No prior experience is required.
• The GS-11 “Attorney advisor” vacancy is also for entry-level trademark examining attorney positions. Applicants must have a law degree and an active bar membership in good standing. No prior experience is required.
• The GS-12/13/14 “Attorney advisor” vacancy is for returning trademark examining attorney positions. Applicants must have a law degree and an active bar membership in good standing. To apply, you must be a former trademark examining attorney. The GS-12/13/14 vacancy is not always offered. Go to USAJOBS for current availability. 

Browse all trademark examining attorney vacancies and start your application here. 

The Trademark organization proudly offers a comprehensive training program. No previous trademark experience is necessary. Training is a two-year process, where the new attorney gains successive competence and independence, and becomes a trademark legal expert.

Trademark examining attorneys have ample opportunity for growth. Former examining attorneys have led the organization as the Commissioner for Trademarks and serve at many levels of management. Others oversee the Legal Policy Office, serve abroad as intellectual property attachés, or are judges and interlocutory attorneys at the TTAB. There are also myriad avenues for enhancing legal skills through participation in temporary assignments throughout the agency, which may include details and work projects with the TTAB, the Legal Policy Office and the Office of the Solicitor. Career development also includes continuing legal education at the USPTO and at various bar association conferences.

The USPTO features an award-winning telework program that allows trademark examining attorneys the opportunity to work at home full time and utilize flexible work schedules.

Trademark attorneys are paid according to the General Schedule (GS) pay scale. Trademark examining attorneys start at the GS-9 level (law graduates) or GS-11 level (bar members), and advance through the GS 12/13/14 levels within a few years.

Trademark attorneys receive federal employee benefits, including health, life and long-term care insurance, paid annual and sick leave, and retirement benefits under the Federal Employees Retirement System (FERS) and Thrift Savings Plan (TSP) including a Roth TSP feature. Employees also are eligible for public transportation subsidies and have access to an on-site fitness center, a day care center, and a health unit.

Please consult www.opm.gov for more information about salary and benefits.

Experienced trademark examining attorneys who produce high volumes of excellent-quality work may earn substantial production and quality bonuses throughout the year. Depending on office need, attorneys may also earn overtime pay or compensatory time. All of these opportunities, along with flexible scheduling, require supervisory approval and new attorneys must complete specific levels of training before being eligible for these options.

If you decide to work in person at our Alexandria, Virginia headquarters, you will be able to take advantage of the following services and conveniences.

Fitness facilities

The USPTO’s on-campus Fitness Center features a wide range of exercise equipment and a variety of group exercise classes every week for all fitness levels.

Child care

The USPTO’s campus also features the Innovation Station Child Development Center for infants through pre-K. The center is conveniently located in the Jefferson building on the same side as the Madison East building, and is very popular among employees.

A convenient location in a walkable neighborhood

Our headquarters are just 8 miles south of D.C. and are close to the King Street Metro, which is serviced by both the Yellow and Blue Lines. (See our parking and transportation page for more information.) The pedestrian-friendly neighborhood where our campus is located includes many restaurants that are a short walk away, as well as convenience stores, two supermarkets—a Wegmans and a Whole Foods—, gyms, preschools, and other businesses.