The Average Consumer
10.Counsel were agreed that the average consumer is a user or potential user of restaurant or catering services – in other words almost every adult and child in the UK. This broad characterisation applies whether or not the specification of the Trade Mark includes “cafes”, “cafeterias” and “self-service restaurants”, which avoids the circular difficulty there could otherwise have been in determining whether there should be partial revocation, given that the average consumer plays a role in that determination1.