In india , using another bands name which is registered under the trademark law would be infingement. However, if the said band is no longer using the band name and the trademark is not in use or is not renewed , one can file an application for removing the said mark from the registry. An abandoned mark can be used in case the original trademark owner has not used or renewed the mark. In such cases the claim over ownership can be an issue if one has a malafide intention to use the reputaion and encash the name of the original band and earn benefits from the brand that they have created.
Consulting a professional before using a trademark that is registered is a must to prevent any future litigation. Consult professionals at LegalWiz.in for any more information regarding trademark registration in india.