The IPKat received this yesterday from his friend Piter de Weerd of leading Dutch law firm De Postkantoor decision he suggests that: "It might be an idea to borrow some terminology from the field of academic metaphysics and label the Postkantoor doctine as trade mark emergentism. If a mark meets the Court´s criterion and consists of a word composed of elements, each of which is descriptive and there is a perceptible difference between the word and the mere sum of its parts, one could speak of an emergent trade mark". It is hard to say whether the term will sink in, but metaphysician Schmutzer at least does show that trade mark law goes much deeper than is sometimes believed.
found it on a Google Image search of the term "emergent trademark"
The IPKat, never one to duck even a metaphysical issue, is nonetheless not too sure what this is all about. What, if anything, does a mark's being described as an "emergent trade mark" when the criterion for being one is already coexistent with the criterion of registrability? Comments, please!