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The Board of Appeal listed the following items of evidence in the contested decision in the present case: two market surveys relating to France (2008) and Sweden (2011), 15 decisions of national trade mark offices, namely three of the Urząd Patentowy Rzeczypospolitej Polskiej (Polish Patent Office), four of the Institut national de la propriété industrielle (INPI) (National Institute for Industrial Property (INPI)), one of the Instituto nacional da propriedade industrial (INPI, Portuguese Institute for Industrial Property) and seven of the Oficina Española de Patentes y Marcas (Spanish Patents and Trade Marks Office), and the judgment of 7 November 2013, Budziewska v OHIM — Puma (Bounding feline) (T‑666/11, not published, EU:T:2013:584). It found that the market survey relating to Sweden was irrelevant since the opposition was not based on any earlier rights in Sweden and that the market survey relating to France had not been provided in the language of the proceedings, which was English, contrary to Rule 19(1), (3) and (4) of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1). It pointed out that, in addition, that latter market survey had been carried out five years before the trade mark application was filed and that it was unclear on what basis that market survey had been conducted and to which goods the alleged reputation related. Similarly, the Board of Appeal pointed out that two of the three decisions of the Polish Patent Office and the decisions of the Spanish Patents and Trade Marks Office had not been translated into the language of the proceedings and therefore had to be rejected. Regarding the 2008 decision of the Polish Patent Office and the decisions of the French INPI which had been translated, the Board of Appeal found that it was unclear on the basis of what evidence those national offices had concluded that the earlier marks had a reputation. It explained, by way of example, that the decision of the French INPI of 13 November 2012 simply referred to documents which had been submitted to attest to the fact that the figurative element of a puma in the earlier mark was very well known in the field of clothing, but that it was impossible to verify the truth of that statement without the evidence of reputation which had been submitted in those national proceedings. It stated in that regard that reputation must be assessed on the basis of the evidence submitted by the opponent in accordance with Rule 19(1) and (4) of Regulation No 2868/95 and pointed out that documents submitted in other proceedings could only be taken into account if explicitly referenced and identified by the party relying on them. Lastly, the Board of Appeal stated that, in any event, the legality of EUIPO’s decisions had to be assessed solely on the basis of Regulation No 207/2009, as interpreted by the European Union judicature, and not on the basis of a previous decision-making practice of EUIPO or national offices. In conclusion, the Board of Appeal found that, in its entirety, the evidence was insufficient to show that the earlier marks had a reputation in relation to the specific goods in any of the relevant Member States.