If another company alleges it was using the business name before you, it is necessary for you to prove otherwise. You must be able to show you were using the name before the other company claiming it. The best way to do so is to produce records, product labels, or advertising that predates the other company’s claim.

If you are not required to register and if you have not trademarked your business name, you still have rights to it that may be enforceable. Not only that, but the other company’s name does not need to be identical for you to charge infringement. However, you need more than a similarity of the name to win your case.

You need to show that both your business and the one sharing your name are sufficiently similar or related that it causes confusion with customers.

A potential remedy that could be a win-win for both parties is if you consent to another company using the same name. If you determine that there will be no unfair competition and the other company courteously requests it, you can consent in writing to allow the other business to use the same name or a similar one to yours.

A cease-and-desist letter is the first remedy to use if you have not given consent for another business to use your name. It must be carefully worded, so the other business is more willing to comply. Unless you are prepared to take it to court, you should keep the tone neutral and polite. It is possible they were unaware of your company when they began using the name; give them the benefit of the doubt while making it clear you wish them to stop.

 If two companies are in entirely different industries, they can have the same name. For instance, “Delta” is a trademarked name for both an airline and a faucet manufacturer.

 Only trademark registration can provide legal rights of exclusive use of a mark under the trademark class it was registered under. Company or LLP registration on the other hand creates a legal entity for undertaking business activities.

You can take the plea that you have been prior user of the mark for last 6 years and have been supplying product to various govt departments . Registration of trade mark in name of milk tech is likely to cause confusion and deceive the public 

2) 

An appeal against the order or decision of the Registrar must be filed within three months from the date on which the appellant has received the order or decision of the Registrar.

 An appeal which has been filed after three months may also be admitted if the Appellate Board is satisfied that there existed some sufficient reason because of which the appeal was not filed within three months.

Hi Sanyam,

In Trademark Law, the who has been using the trademark from a prior date has superior rights. Irrespective of the fact that the other person has obtained registration. You must respond strongly to this legal notice affirming your rights. At the same time you must apply for registration of your trademark and also file  cancellation petition of the other party' s trademark. 

Dear Sir,  if you are Registered User then obviously you have a strong case but even if you are non-registered prior user with proper evidences in your support then also you have strong case. Being a registered and experienced trademark attorney and former hearing officer of Trademark Registry, I can help you out to make it a strong claim in your favour. Kindly do contact me at the earliest.

Regards

Rajveer Singh

- You should firstly check the existence of this trade mark with the another manufacturer i.e. whether has registered this trade mark earlier than you or later. 

- If that another manufacturer registered this trade mark in 2021, it means that you are the real owner of this trademark. 

- As per law, When someone uses a trademark that is deceptively similar or identical to your trademark, then he is liable for trademark infringement under the Act.

-  Further, this is considered a criminal offence under The Trademark Act, 1999, and can lead to imprisonment or a fine upto Rs 5 lakhs or both.

- Further, as you are using that brand name since 2018 i.e. before his registration , it means that that company has committed an offence under the Trademark Act. 

- You can reply to the said notice after mentioning that they have committed an offence and a complaint is going to be lodged against them. 

Owner of unregistered which  is well known and well established by long usage in the  market can very much challenge the  registration of same trademark if the  trade mark is used for same or similar goods or services. Under Section 11 registration is such trademark can be challenged in India. If ingredients of Section 11 are proved, you can restrain use of your trademark.

Infringement can be of 2 types- Direct and Indirect.

Direct-

• Use by an unauthorised person: 
• Identical/deceptive or similar 
• Registered trademark: In the case of breach of an unregistered mark, the common law of passing off is used to settle disputes. It is a tort law that is used where injury or damage is caused to the goodwill associated with the activities of another person or group of persons.
• Class of goods or services: 

These are the typical instances of infringement if the same is embellished in court you can be awarded with -

1. Temporary injunction
2. Permanent injunction
3. Damages
4. Account of profits (damages in the amount of the profits gained from the infringement)
5. Destruction of goods using the infringing mark
6. Cost of legal proceedings

Yes, you can file a case against Milktech for illegally registering the trademark "Lactodaily." Since you have been using the trademark continuously since 2018 and have evidence to prove it (purchase orders, supply notes, and tax invoices), you fall under the protection of Section 34 of the Trade Marks Act, which safeguards the rights of prior users.

Legal Grounds:
Section 34: Saving for Vested Rights

Prior Continuous Use: You have been using the trademark "Lactodaily" since 2018, which is prior to Milktech's use and registration in 2021.
Protection Against Interference: Milktech, as the current registered owner, cannot interfere with or stop your use of the trademark "Lactodaily" since your use dates back to a time before their registration and use.
Section 28: Rights of the Registered Proprietor

While Section 28 gives the registered proprietor exclusive rights to use the trademark, Section 34 provides an exception for prior users like you. This means your continuous use of "Lactodaily" since 2018 grants you protection even against a registered proprietor.
Likelihood of Court Ruling in Your Favor:
Given the legal framework:

Evidence of Prior Use: Your documentation from 2018 (purchase orders, supply notes, and tax invoices) supports your claim of prior use.
Section 34: This section explicitly protects the rights of prior users, which strengthens your case.
Previous Case Reference:
In the case of Société des Produits Nestlé, S.A and Another v. Kaira District Cooperative Milk Producers Union Ltd. and Another [ FAO(OS) (COMM), 34 of 2018], the court ruled in favor of Nestlé, who were prior users of the trademark "A+" despite Kaira being the registered proprietor. The court allowed Nestlé to continue using the trademark based on their prior use.

Similarly, your situation aligns with Nestlé's case, where the court upheld the rights of the prior user over the registered proprietor due to evidence of prior use.

Yes you can do the same