Patent right

Dear Arun,

Usage of an existing trademark by others must be subject to products or services, regions it is used now. If a registered trademark owner removes his registration does not extinquishes his ownership if he is using the same brand as he owns perpetual rights of his brand as long as he continues to trade with his mark. Registration is only a prima facie evidence.  

Hence, you may use such trademark if his trademark is no more in usage, or if it is existing scope of your products and services and area (geographical) covered by your trade is different from that of the first person. 

A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem.