43By virtue of Article 8(4) of Regulation No 207/2009, the proprietor of a non-registered trade mark or of a sign other than a mark may oppose registration of an EU trade mark if that non-registered mark or that sign satisfies all of four conditions: (i) it must be used in the course of trade; (ii) it must be of more than mere local significance; (iii) the right to that mark or sign must have been acquired in accordance with EU law or the law of the Member State in which it was used prior to the date of application for registration of the EU trade mark; and (iv) the sign must confer on its proprietor the right to prohibit the use of a subsequent trade mark. Those conditions are cumulative; thus, where a non-registered trade mark or a sign does not satisfy one of those conditions, the opposition based on the existence of a non-registered trade mark or of other signs used in the course of trade within the meaning of Article 8(4) of Regulation No 207/2009 cannot succeed (see judgment of 12 October 2017, Moravia Consulting v EUIPO — Citizen Systems Europe (SDC‑888TII RU), T‑317/16, not published, EU:T:2017:718, paragraph 38 and the case-law cited).
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