67In the present case, the Board of Appeal made reference, in paragraph 33 of the contested decision, to ‘the opponent’s customers of the [halal] certified product’. It must be pointed out that the Board of Appeal has never argued that the relevant public consisted solely of end consumers. It must be stated that the intermediate agents, that is to say, the retailers, wholesalers and importers, purchased the products bearing the applicant’s certification mark and therefore constituted, in the same way as the end consumers, the ‘opponent’s customers’ and that they were thus not excluded from the concept of relevant public.
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