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[sharktank]

 
I filed and was granted a registered trademark for the the mark "Dunkit" under Board and card games a few years behind a tea company who has the same mark but for beverages! There is NO possible way of confusion of the mark. However, that tea company just put out a Tea dunking game under the mark "DUNKITT" although it is spelled diffrent it can be a confusion of my mark because it sounds the same. Would i have a case even though they had the mark first but under diferent G&S?

[Zonath]

It certainly does seem as if there might be some likelihood of confusion between the two marks used for games in your example.

Mark holders do have some priority in expanding into logically-related areas with their marks, but it doesn't seem as if games is a logical expansion of business for a tea company.  If your mark was filed or registered prior to their having used 'Dunkitt' in their new line of business, you might have a fairly good case for opposing their new mark.  Of course, talk to a trademark attorney to see how you might want to go about this.

[JSonnabend]

Zonath is right.  You should speak to a properly qualified TM attorney as soon as possible.  The longer you sit on your rights, the more likely you are to lose those rights.

- Jeff