Through analysis of procedural burden as normative positions, the author examines formulas for distributing the burden of proof in civil proceedings on Community Trade Mark law (CTM) and legislation applicable in Spain, from a functional and theoric point of view, reviewing the core concepts that shape the context of systematic application of evidence of the facts of the founding causae petendi in the European modern context.
Keywords: trade mark, burden of proof, Hohfeld, civil procedure.
