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[darthesquire]

  I am starting a beverage company and applied for 2 trademarks 1 to sell beverages  and
                                                                                                2 clothing to support the brand

      My trademark applied for name is "HARKOT" and the company opposing my clothing trademark application is "HARK" lets say.
      "HARKOT" has a different meaning than "HARK" and is a different word. 
      I have read about secondary meanings which would apply in my case since the Trademark for  the clothing is the one being opposed and i intend the sale of those clothes to support the beverage brand.

     The "Hark" company seems small and limited to one small online store and does not seem to sell any clothing whatsoever related to what i would sell/ give away to promote the beverage brand.  What case would i have in the defense of my trademark application? Do they have a legitimate case for oppostion

 By the way my company has not yet produced the beverage or clothing yet as we are still getting licensed.

THank you for any and all help, i am relatively young and do not have the OJ Simpson "Trademark" legal team by my side!! (yet)
       

[JSonnabend]

Secondary source registrations can be difficult where there is a conflicting mark in the "primary source" context (so to speak).  Thus, while your clothing are clearly secondary source uses, the fact that a primary source mark already exists for the goods may hamper your registration efforts. 

- Jeff