Fundamentals of Trademark Protection via ConsumerSearch-cost Theory's Perspective

Consumer search-cost Theory by putting consumer at core, considersreducing cost of seeking information for consumer as the main purpose oftrademark law. Three principles derived from this theory known as necessityof using trademark, protection of distinctive marks and prevention ofunsupervised assignment of trademark and their effects are studied inprecedent of Iran, United States. Then we try to establish a logicalframework to interpret legal principles of trademark law. Finally, studyingopponent's views led us to the fact that the mentioned theory is notcompatible with economics facts and historic course. It is better to considerprotection of consumer as a secondary benefit but not primary goal oftrademark law.Keywords: Economical Analysis, Trademark, Consumer Search Cost, LegalPrinciplesD