Facts:

• Pearl Retail Solutions, the Plaintiff used the 'Pearl Academy of Fashion' trademark for an educational institute since 1993.
• The trademark was registered in 2005, specifically with a disclaimer on the words 'Academy of Fashion'.
• In 2010, the Defendant started using the word 'Pearl' for their educational institutes.
• The Plaintiff had also filed a registration application for the word mark 'PEARL' on its own, which was pending.
• A suit was filed by the Plaintiff in this Court to restrain the Defendant from using its trademark. The Court granted the interim injunction in favour of the Plaintiff on 23rd January 2013.
• Hence, aggrieved by the decision, the present application was filed by the Defendant to vacate the order granting the interim injunction.

Main Issues:

Whether a generic word be registered as a trademark?