[E-trademarks] USPTO employees offered buyouts to retire early to avoid having to return to the office

Wed Jan 29 23:15:35 UTC 2025

Michael:

I believe you are correct about the email server, per a posting made on Reddit by an insider at OPM, who naturally wanted to remain anonymous.

Also, I am told that USPTO examiners and other government employees in other agencies have received emails from their unions forcefully discouraging them from taking the deferred retirement offer.

Best wishes,

Thilo

WUERSCH & GERING
Thilo C. Agthe, Partner
Wuersch & Gering LLP | 100 Wall Street, 10th Fl. | New York, NY 10005
212-509-4714 (direct) | 212-509-5050 (firm)
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Diese Nachricht und etwaige Anhänge enthalten vertrauliche Informationen und Daten, die Gegenstand des Anwaltsgeheimnisses sein können. Sie ist nur für die oben genannte natürliche oder juristische Person gedacht. Sollten Sie nicht der beabsichtigte Empfänger sein, bitten wir Sie die Nachricht nicht zu lesen, zu kopieren, oder an andere weiterzugeben.  Bitte informieren Sie den Absender durch Beantwortung dieser Nachricht, und löschen Sie die Nachricht aus Ihrem System. Danke.

P Please consider the environment before printing this e-mail!

From: Gordon, Michael <mgordon at washingtonanalysis.com>
Sent: Wednesday, January 29, 2025 5:10 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Thilo C. Agthe <thilo.agthe at wg-law.com>
Subject: RE: [E-trademarks] USPTO employees offered buyouts to retire early to avoid having to return to the office

[CAUTION: EXTERNAL EMAIL]
The best understanding I have is that the "Fork" email was sent to every employee of the federal government, regardless of their position, without consulting with agency heads in advance. I don't think the agencies knew this was coming in order to be able to preemptively exclude positions. Multiple unions across the government, including the one representing the examiners, claim that telework and/or remote work is included in their collective bargaining agreements.
There are very unconfirmed rumors that the email server that sent this out and perhaps the one receiving the replies was brought in from the outside. See Complaint at ¶¶ 21-24, Does v. Office of Personnel Management, No. 1:25-cv-00234 (D.D.C. filed Jan. 27, 2025).

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Michael R. Gordon
Assistant General Counsel
Licensed to practice only in Maryland, North Carolina, and the District of Columbia
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> On Behalf Of Thilo C. Agthe via E-trademarks
Sent: Wednesday, January 29, 2025 3:34 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Cc: Thilo C. Agthe <thilo.agthe at wg-law.com<mailto:thilo.agthe at wg-law.com>>
Subject: Re: [E-trademarks] USPTO employees offered buyouts to retire early to avoid having to return to the office

CAUTION: EXTERNAL MESSAGE
USPTO trademark examiners have been receiving the emails offering the "deferred resignation" option, so it is obvious that whoever originates the emails is not making that distinction.  This is NOT a buy-out, as I've seen it described in many places.

Further, I would submit that there is a lack of awareness in the new administration that the USPTO had a remote work policy starting many years ago.

WUERSCH & GERING
Thilo C. Agthe, Partner
Wuersch & Gering LLP | 100 Wall Street, 10th Fl. | New York, NY 10005
212-509-4714 (direct) | 212-509-5050 (firm)
thilo.agthe at wg-law.com<mailto:thilo.agthe at wg-law.com> | www.wg-law.com<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.wg-law.com&c=E,1,V-jG8Zmnsa9DQOXwelu85bss5R986TkzXnuYaF-Ew514NtZSBkpDtNKiAircZGE0ZzPUfDD4ElpymBvfdKfm1Bv-_mraCQ8k2KUjmDYRC3-8&typo=1&ancr_add=1>

This message and any attachments hereto contain confidential information and information which may be subject to the attorney-client privilege. It is intended for the individual or entity named above.  If you are not the intended recipient, please do not read, copy, use or disclose this communication to others; also please notify the sender by replying to this message, and then delete it from your system.  Thank you.

Diese Nachricht und etwaige Anhänge enthalten vertrauliche Informationen und Daten, die Gegenstand des Anwaltsgeheimnisses sein können. Sie ist nur für die oben genannte natürliche oder juristische Person gedacht. Sollten Sie nicht der beabsichtigte Empfänger sein, bitten wir Sie die Nachricht nicht zu lesen, zu kopieren, oder an andere weiterzugeben.  Bitte informieren Sie den Absender durch Beantwortung dieser Nachricht, und löschen Sie die Nachricht aus Ihrem System. Danke.

P Please consider the environment before printing this e-mail!

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> On Behalf Of Ken Boone via E-trademarks
Sent: Wednesday, January 29, 2025 3:09 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Cc: Ken Boone <boondogles at hotmail.com<mailto:boondogles at hotmail.com>>
Subject: Re: [E-trademarks] USPTO employees offered buyouts to retire early to avoid having to return to the office

[CAUTION: EXTERNAL EMAIL]
I am hesitant to comment, as I didn't expect the offered buyouts would apply to the USPTO.  When I was still employed there (over 12 year ago), remote work was a pillar of their employment philosophy - that the USPTO did NOT have the office space for the entire workforce in their new (since 2008?) Alexandria, VA office complex.  I expected that the Trademark business area of the USPTO was planning to hire more employees in 2025 to address the huge backlog in trademark processing.  For the following paragraph from the OPM website, the highlighted phrase seemed significant - that maybe the trademark employees at the USPTO were intentionally not included in the offered buyouts? Who really knows?  (Congressman Kaine of Virginia has indicated that the president doesn't have the power to offer this buyout.)

Deferred resignation is available to all full-time federal employees except for military personnel of the armed forces, employees of the U.S. Postal Service, those in positions related to immigration enforcement and national security, and those in any other positions specifically excluded by your employing agency.

I copied the remainder of this posting from https://www.opm.gov/fork<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.opm.gov%2ffork&c=E,1,AbjUmNksJsRoCA5Miqb7PImrDeHAGdVlPS9lfb8s-Gvj7dgB6-Xyt9BElp8XGx-gdxGWKJI9Llzql0hiDsC16HbAkZyfKd4nkqchjlMkItJ1SrlWVq2S_6q4Qw,,&typo=1&ancr_add=1>, as the content and format appeared to be preserved, at least in the draft version as I composed this reply.

[https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.opm.gov%2fimg%2fglobal%2fopm-seal-share.png&c=E,1,nxSiG3h8Ho0W-3f00fo2Fvl62QgHvY_N4lyRjnSafup2RKH1fUucMTOepbTOMTYfCX6zvaVmkz_cmM1W4uH0-zK2Z6ATkisNbQ9u1czukP09LQ,,&typo=1]<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.opm.gov%2ffork&c=E,1,IX6ea6aj__uc1Mo9nEvigK8LGHMjGXAIpzN7SSQ1PVHL9nyCYjYZaLSHrAZ5gFW9T4AwqTAFM-Dybildn1jQtKOHFJo2tsOGJ_LN7jjh6iegfYc,&typo=1>
Fork in the Road - U.S. Office of Personnel Management<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.opm.gov%2ffork&c=E,1,KPua5uA3BkbgSf77kvbOCSzbjYTRtLsKM8xqzorMJQSOpkTNfBvEFKCLLMNAkgx0Zs9ueJ4n-FXWKfRT-Yzu3zxdMnJCFvmYNwtQIS9L0_5h&typo=1>
1) Return to Office: The substantial majority of federal employees who have been working remotely since Covid will be required to return to their physical offices five days a week. Going forward, we also expect our physical offices to undergo meaningful consolidation and divestitures, potentially resulting in physical office relocations for a number of federal workers.
www.opm.gov<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.opm.gov&c=E,1,IlbQR2qQ09E_PxAoP_LxDBKdjzKDpYfef57iK4EjUIizAbvrVhPic_XxsX1xshNcunD0LOfy52EyFOWUnetk63uIG6ywnBQmC2sxxKXwRw,,&typo=1&ancr_add=1>
Fork in the Road
Frequently Asked Questions<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.opm.gov%2ffork%2ffaq&c=E,1,JJLn9H3yyX39N04YqqdsZtY6M3Tk9aG0ZGK86i_ZfbwE8wcp3CEAHrjs96v-BadOND-Xt3s4KyvSfPTnb_O9_eHHeuviRl_n0SCB63nrG5yg-Q,,&typo=1>
Below is the email that was sent to federal employees on January 28, 2025 presenting a deferred resignation offer. If you did not respond to that email and wish to accept the deferred resignation offer, you may do so by following these steps.
1)
Send an email to hr at opm.gov<mailto:hr at opm.gov> from your government account. Only an email from your .gov or .mil account will be accepted.
2)
Type the word "Resign" into the "Subject" line of the email. Hit "Send".
Deferred Resignation Email to Federal Employees
January 28, 2025

During the first week of his administration, President Trump issued a number of directives concerning the federal workforce. Among those directives, the President required that employees return to in-person work, restored accountability for employees who have policy-making authority, restored accountability for senior career executives, and reformed the federal hiring process to focus on merit. As a result of the above orders, the reform of the federal workforce will be significant.

The reformed federal workforce will be built around four pillars:
1)
Return to Office: The substantial majority of federal employees who have been working remotely since Covid will be required to return to their physical offices five days a week. Going forward, we also expect our physical offices to undergo meaningful consolidation and divestitures, potentially resulting in physical office relocations for a number of federal workers.
2)
Performance culture: The federal workforce should be comprised of the best America has to offer. We will insist on excellence at every level - our performance standards will be updated to reward and promote those that exceed expectations and address in a fair and open way those who do not meet the high standards which the taxpayers of this country have a right to demand.
3)
More streamlined and flexible workforce: While a few agencies and even branches of the military are likely to see increases in the size of their workforce, the majority of federal agencies are likely to be downsized through restructurings, realignments, and reductions in force. These actions are likely to include the use of furloughs and the reclassification to at-will status for a substantial number of federal employees.
4)
Enhanced standards of conduct: The federal workforce should be comprised of employees who are reliable, loyal, trustworthy, and who strive for excellence in their daily work. Employees will be subject to enhanced standards of suitability and conduct as we move forward. Employees who engage in unlawful behavior or other misconduct will be prioritized for appropriate investigation and discipline, including termination.

Each of the pillars outlined above will be pursued in accordance with applicable law, consistent with your agency's policies, and to the extent permitted under relevant collective-bargaining agreements.

If you choose to remain in your current position, we thank you for your renewed focus on serving the American people to the best of your abilities and look forward to working together as part of an improved federal workforce. At this time, we cannot give you full assurance regarding the certainty of your position or agency but should your position be eliminated you will be treated with dignity and will be afforded the protections in place for such positions.

If you choose not to continue in your current role in the federal workforce, we thank you for your service to your country and you will be provided with a dignified, fair departure from the federal government utilizing a deferred resignation program. This program begins effective January 28 and is available to all federal employees until February 6. If you resign under this program, you will retain all pay and benefits regardless of your daily workload and will be exempted from all applicable in-person work requirements until September 30, 2025 (or earlier if you choose to accelerate your resignation for any reason). The details of this separation plan can be found below.

Whichever path you choose, we thank you for your service to The United States of America.
*********************************************************************

Upon review of the below deferred resignation letter, if you wish to resign:
1)
Select "Reply" to this email. You must reply from your government account. A reply from an account other than your .gov or .mil account will not be accepted.
2)
Type the word "Resign" into the body of this reply email. Hit "Send".

THE LAST DAY TO ACCEPT THE DEFERRED RESIGNATION PROGRAM IS FEBRUARY 6, 2025.

Deferred resignation is available to all full-time federal employees except for military personnel of the armed forces, employees of the U.S. Postal Service, those in positions related to immigration enforcement and national security, and those in any other positions specifically excluded by your employing agency.
*********************************************************************
DEFERRED RESIGNATION LETTER
January 28, 2025
Please accept this letter as my formal resignation from employment with my employing agency, effective September 30, 2025. I understand that I have the right to accelerate, but not extend, my resignation date if I wish to take advantage of the deferred resignation program. I also understand that if I am (or become) eligible for early or normal retirement before my resignation date, that I retain the right to elect early or normal retirement (once eligible) at any point prior to my resignation date.
Given my impending resignation, I understand I will be exempt from any "Return to Office" requirements pursuant to recent directives and that I will maintain my current compensation and retain all existing benefits (including but not limited to retirement accruals) until my final resignation date.
I am certain of my decision to resign and my choice to resign is fully voluntary. I understand my employing agency will likely make adjustments in response to my resignation including moving, eliminating, consolidating, reassigning my position and tasks, reducing my official duties, and/or placing me on paid administrative leave until my resignation date.
I am committed to ensuring a smooth transition during my remaining time at my employing agency. Accordingly, I will assist my employing agency with completing reasonable and customary tasks and processes to facilitate my departure.
I understand that my acceptance of this offer will be sent to the Office of Personnel Management ("OPM") which will then share it with my agency employer. I hereby consent to OPM receiving, reviewing, and forwarding my acceptance.
Upon submission of your resignation, you will receive a confirmation email acknowledging receipt of your email. Any replies to this email shall be for the exclusive use of accepting the deferred resignation letter. Any other replies to this email will not be reviewed, forwarded, or retained other than as required by applicable federal records laws.
Once your resignation is validly sent and received, the human resources department of your employing agency will contact you to complete additional documentation, if any.
OPM is authorized to send this email under Executive Order 9830 and 5 U.S.C. §§ 301, 1103, 1104, 2951, 3301, 6504, 8347, and 8461. OPM intends to use your response to assist in federal workforce reorganization efforts in conjunction with employing agencies. See 88 Fed. Reg. 56058; 80 Fed. Reg. 72455 (listing routine uses). Response to this email is voluntary. Although you must respond to take advantage of the deferred resignation offer, there is no penalty for nonresponse.

  *   About OPM<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.opm.gov%2fabout-us%2f&c=E,1,ionBdDLaHRY7iLYULUW3gjbMI_4lwyp2V3I7YYezvOvxV042xR1vg6ibuI9poPiRTv-EGRa363nhzGZbAlYKC2KnaPhGd90ziqI9k0risBECq1LoW_WvW5W2p3I,&typo=1>
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__________________________________________

Ken Boone
________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> on behalf of Carl Oppedahl via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Sent: Wednesday, January 29, 2025 12:51 AM
To: for trademark practitioners <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Cc: Carl Oppedahl <carl at oppedahl.com<mailto:carl at oppedahl.com>>
Subject: [E-trademarks] USPTO employees offered buyouts to retire early to avoid having to return to the office

See blog article<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fblog.oppedahl.com%2fuspto-employees-offered-buyouts-to-retire-early-to-avoid-having-to-return-to-the-office%2f&c=E,1,zgDjKRo2yOL7fyOftTFNITdReDOIFXXBkn0S_zRjes2t0VZ0w42plAZNswFgu9uHzz6jXRHycKB09vNnv5TZ8EeYCyADFWFDtdCkEBNrug,,&typo=1>.
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