Q: Is this a trademark issue?

A: I can provide some educational material related to trademarks. If someone has a federal registration on the principal register before another person begins using a mark, the federal trademark owner will be able to enforce it provided that there is a likelihood of confusion. If a person on the West Coast only has a common law trademark, their enforcement would be limited to areas in which they have established rights which may or may not extend to where another user is located. It is possible for there to be a common law trademark used in one part of the country and another person using the same mark in another part of the country, and both of them may have common law rights. That is all that can be said generally without getting into specific facts and law.

A: This situation could potentially involve trademark issues, but it depends on several factors. Trademark rights generally depend on the scope of use, geographic area, and whether there is a likelihood of confusion between the two businesses. Since you are on opposite coasts, it may be harder for her to claim that customers will be confused by the two names.

However, if she has a federally registered trademark for "Queen Bee Waxing" or a similar name, her rights might extend nationwide. Even though you're in different regions, this could give her grounds to challenge your business name. On the other hand, if her trademark is limited to her local area or industry, her ability to enforce it might be more restricted.

It’s important to review the specifics of her trademark and how your business name is used. You may want to seek advice on how best to protect your business and avoid potential legal issues.

A: The following website might be helpful to you: https://tmsearch.uspto.gov/search/search-information is the government website where you can search for Federally registered trademarks to see whether your letter-writer has a registration for the QUEEN BEE mark.

A: There is a federal trademark registration for QUEEN BEE, for hair removal services, namely, face and body waxing services, owned by a company in Dallas, Texas. That company's cease-and-desist demand would have some credibility, although there is little likelihood of actual confusion by potential customers for your respective locations.

But if the demand is from some other business owner with the same name, they have no more rights than you do, as against the company with the federal registration. You should consult a trademark attorney to assess the details of the parties' precedence (earliest usage has priority) and recommend a strategy.