Someone using my trade name

An action for Trade mark infringement lies. See S. 103 of the trade marks act. As a first step get evidence and lodge a police report . s. 420 of IPC may also hold.

 

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Should we issue any legal notice first or approach police ? Can we mention section 103 in police complaint ?

Approach police first. Proper sections are for Police to file in their chargesheet after investigations but you may cite them in your complaint.

Thanks sir.

we have also added section 43(B) of Information Technology act , 2000 as he has also stolen data of our existing  clients. Is it ok ?

Could be - but note that you may be required to provide prima facie evidence of whatever you are alleging. Else put that as a suspicion and ask for investigation.

Whether he got his trademark registered?

Issue legal notice of infringement to him. If u have made any agreement with him when he was working under you then you can take legal action on the basis of agreement also.