There can be two possibilities - One where trademark is registered and other where the application is under process of registration.
Upon receipt of registration certificate, you can claim the remedies of trademark infringement in form of injunction, damages and custody of infringing materials.
If the trademark not registered yet, the event is called as passing off. The remedies for passing off are available under civil law.
For advise, you need to consult a trademark attorney, who can guide you based on the facts and situation involved. If you need personlised help, feel free to write to LegalWiz.in team at firstname.lastname@example.org.