On December 17, 2008, the Section of Appeals of the State Patent Bureau has dismissed the opposition No. 2167 of the interested person R. Seelig & Hille Ohg against the validation of International trademark „Feng Shui“ “ (Reg. No. 945975) owned by Tovarystvo z obmezhenou vidpovidainistunspilne pidpryemstvo "ELADA ASTRA".
The Section of Appeals stated that, while estimating the correspondence of the later trademark with requirements of The Law on Trademarks (article 7, section 1, point 2) it is necessary to estimate the trademark elements as a whole, because consumers do not analyse separate parts of trademark elements. It was agreed that there is particular similarities of comparable marks, however after the estimation of other elements and their composition as well as graphic representation, the Section of Appeals recognized the opposed trademark „Feng Shui“ as not being misleadingly similar to the trademark of the interested person.