166Furthermore, it is necessary, as the Advocate General has stated at point 120 of his Opinion, to apply to the requirement for use in the course of trade of the sign relied on in opposition the same temporal condition as that expressly laid down in Article 8(4)(a) of Regulation No 40/94 with regard to acquisition of the right to the sign, that is to say, that of the date of application for registration of the Community trade mark.
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