Legal Question in Intellectual Property in India

u may challenge the same before the trade mark authority and if need be, file a case of trade mark infringement.

You can challange the registration of trademark on the ground of prior usage. Send a notice to the second user and also file a representation before the trademark authority as an objection.

The person who has registered the trademark must have received the provisional registration i.e he is entitled to use "TM" and not "R" which denotes the final final approval.

If you will file a objection to the authority mentioning properly the date since when you are already using such mark they will not give final approval to the second user.