Hello, 

If you have applied for the TM application, then in that case it will be shown on the portal shortly. 

if the Registrar has not considered your objection while granting the TM then challenge the grant of the TM before the court. 

Regards 

You will have to file an appeal to the Intellectual Property Appellate Board against the impugned order of  the registrar granting your trademark to another person and dismissing your objections under section 91 of The Trademarks Act,1999 which has been reproduced as follows for your kind perusal:

91. Appeals to Appellate Board.—
(1) Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made thereunder may prefer an appeal to the Appellate Board within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal.
(2) No appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1): Provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the Appellate Board that he had sufficient cause for not preferring the appeal within the specified period.
(3) An appeal to the Appellate Board shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed.

You can file a writ petition in HC for direction to the trademark authority

Hi,

The application for cancellation of similar trademark by someone else must be made within 6 months of the knowledge to that effect. Since, you are using the same trademark since 1980 and it was valid in the year 2011, then you can make claim for counterfeiting your trade mark by that person and also ask for suitable damages suffered by you. You are also suggested to renew your trade mark and then sue that person/company under suitable provisions of law.  

File appeal against the acceptance and separate restoration application. Fresh application was not required but restoration application. . 

If a trademark has been removed from the Trademarks Register on the grounds of non-renewal, the trademark may be restored by filing an application within between six months and one year of the date of expiration of the registration, accompanied by the prescribed fee.

Dear Sir,

• The Trademark Registry examines a trademark application within a period of six months to one year from the date of filing.
• An Examination report is issued in case the Registry has some objection/s with the registration of the application.
• In case, the objections are not being answered to the satisfaction of the trademark office through the response submitted to them, the applicant can avail an opportunity of hearing before the Trademark Registrar, where he/she can present submissions orally, which is generally conducted by the Assistant Registrar or Senior Examiners of Trademarks
• If the trademark is accepted and published in the journal, you have the following option:

           a) File a suit for injunction, thereby injuncting him to use the said trademark;

Also, here, you need to understand that Rights of the prior user (whether registered or not) prevails over a registered proprietor. 

It is advisable for you to get your mark renewed asap and show that proof in your injunction application. 

Hope this solves your query.

Best!

under section 26, where a trade mark has been removed from the register for failure to pay the renewal fee, it shall nevertheless for the purpose of any application for registration of another trade mark during one year next after the date of renewal, be deemed to be a trade mark already on the register. Therefore in examining an application under section 11, the examiner will take into account for a period of one year a trade mark which has been removed. In other words, even though technically the mark is removed for purpose of citation of conflicts, the mark will be deemed to be on the register for the period of one year after the date of removal subject to the two exceptions mentioned in the section namely:

1) There has been no bona fide use of the removed mark during two years preceding its removal.

2) That no deception or confusion would be likely to arise from the use of the applicant’s trade mark.

Acceptance of trade mark doesn't mean registration and you have already filed objection.  You have good grounds to contest the case because you were the registered user if the trade marks but unfortunately it was not renewed within limitation period and further extension period.  So continue to contest and there is chances of getting order in your favor