33As regards the relevant public, nonalcoholic beverages are everyday consumer goods. The public concerned, in the case of these products, is all final consumers. Therefore, in any assessment of the distinctive character of the mark applied for, account must be taken of the presumed expectations of an average consumer who is reasonably well informed and reasonably observant and circumspect (see, to that effect, Case C-342/97 Lloyd Schuhfabrik Meyer [1999] ECR I-3819, paragraph 26), which is what the Board of Appeal did in the contested decision.
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