54Sparkling wines are alcoholic drinks and, as such, clearly distinct from non-alcoholic drinks such as the drinks covered by the trade mark application, both in shops and on drinks menus. The average consumer, deemed to be reasonably well-informed and reasonably observant and circumspect, is used to and aware of that distinction between alcoholic and non-alcoholic drinks, which is, moreover, necessary, since some consumers do not wish to or cannot consume alcohol.
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