|H. Jay Spiegel was
born in Cleveland, Ohio. He received a Bachelor of Science Degree from the
Cornell University College of Engineering in Ithaca, New York, in 1974,
majoring in energy conversion. He received a Juris Doctor Degree in 1981
from the George Mason University School of Law.
Mr. Spiegel was employed as an Assistant Examiner and Primary Examiner in the U.S. Patent and Trademark Office from 1974 to 1982. Since 1982, he has been engaged in the private practice of law, specializing in the fields of patents, trademarks and copyrights.
He is a member of the Bars of the Commonwealth of Virginia (since 1981), and the District of Columbia (since 1986). He was admitted to the Patent Bar (Registration No. 30,722) in 1982. Mr. Spiegel is admitted before the U.S. District Court for the Eastern District of Virginia, the U.S. District Court for the District of Columbia, the Courts of Appeals for the Federal Circuit, the 2nd Circuit, the 4th Circuit, and the D.C. Circuit, and the U.S. Supreme Court. Mr. Spiegel has been admitted to numerous courts pro hac vice.
Mr. Spiegel has been lead counsel in several intellectual property law litigations and has served as an expert witness in others. He has briefed and argued appeals before the Virginia Supreme Court, the Patent Trial and Appeal Board (PTAB) and the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent & Trademark Office, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Appeals for the District of Columbia, and the U.S. Courts of Appeals for the 2nd and 4th Circuits. He co-wrote a Petition for Writ of Certiorari that was considered by the U.S. Supreme Court.
Mr. Spiegel was responsible for several reported decisions. In In re Shuttsco, Inc., reported at 54 U.S.P.Q. 2d 1055 (2000), the Trademark Trial and Appeal Board reversed the Examining Attorney and directed federal registration of the color orange for a snow removal hand tool. In Teddygram, Inc. v. Donna Boyce and The Vermont Teddy Bear Company, Inc. (VTB), reported at 53 U.S.P.Q. 2d 1804 (N.D.GA 2000), the Court held that Mr. Spiegel's client, VTB, had superior rights in the mark "TEDDYGRAM" everywhere in the United States, save for the state of Georgia by virtue of VTB's good faith commencement of use in a region remote from Georgia and their continuous use thereafter. Mr. Spiegel was admitted pro hac vice in the U.S. District Court for the Northeastern District of Georgia.
In Fred Beverages, Inc. v. FRED's Capital Management Corp, 605 F.3d 963, 94 USPQ 2d 1958 (Fed Cir 2010) Mr. Spiegel obtained reversal of a decision of the USPTO's trademark trial and appeal board dismissing a petition to cancel for failure to pay a filing fee.
Mr. Spiegel founded Premium Products, Inc., a corporation of Virginia, in 1985. Through July 7, 2019, Mr. Spiegel is listed as the inventor on 44 patents covering such diverse subjects as jewelry, noiseless candybar opening devices, pet whelping containers, football tees, footballs, a mold designed to make a temporary football tee out of sand, and a pet drinking bowl. Most of these patents are assigned to Premium Products, Inc. Other patents are pending.
Mr. Spiegel's GROUND ZERO 1 football tee is used by every NFL team and has been used in every SUPER BOWL since 1999. The GROUND ZERO 1 tee has been used in the NFL for every kickoff in the 21st century. Mr. Spiegel's five panel football was legalized for high school use by the National Federation of State High School Associations (NFHS) by virtue of the rule change in January, 2001. The rule change, eliminating the requirement that a football have four panels, was urged by Mr. Spiegel and was the first change in the specifications for a football since the year 1934. The football was licensed to Rawlings Sporting Goods, Inc.
Mr. Spiegel founded JUMP START, INC. to provide business consultations, particularly directed to creation of product names and slogans and corporate names as well as protecting them through registration of trademarks and service marks. JUMP START, INC. owns the registered Service Mark "JUMP START" which is used in association with performance of these services.
In the web site of the U.S. Patent and Trademark Office at WWW.USPTO.GOV, records are kept concerning patents and trademarks going back to the year 1976. In these records, from 1976 to date, Mr. Spiegel is mentioned about 2,000 times as one or more of the following: Assistant Patent Examiner, Primary Patent Examiner, Attorney of Record in an issued U.S. Patent, Attorney of Record in a pending Trademark or Service Mark application, Attorney of Record in a registered Trademark or Service Mark and/or inventor.
Through July 2019, H. Jay Spiegel is listed in the Patent and Trademark Office Website on 378 patents as Assistant Examiner, on 105 patents as Primary Examiner, as legal representative on well over 500 patents, and as inventor on 44 patents. On the Trademark side, H. Jay Spiegel is listed as attorney-of-record in well over 500 applications and registrations. It is easy to access these records and review them on the Patent and Trademark Office Website at WWW.USPTO.GOV. Please go to "Resources & Links" page to view instructions.
2004, Mr. Spiegel was inducted into the Cleveland Heights High School
Hall of Fame in recognition of his well-known
patented inventions and his civic activities in Mount Vernon, VA and
Washington, DC. Of his graduating class of over 1,000 students, he
was only the 4th to be so honored. Out of over 50,000 graduates of
this highly regarded high school, to date, fewer than 400 graduates have been
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