Trademark law consists of legal and specially economic foundations. Thus, the requirement of related judgments is the awareness of its foundations. The aim of trademark law is  facilitating of trade in market and achieving of economic efficiency ,beside the consideration of moral normative. So it's important that the consequence of judgment accords with the ambition of trademark law. Nonetheless, nowadays to what extent judgments are based on foundations? Theses day to what extent judgments fulfill the goals of trademark law? This essay seeks to answer these questions by explanation of the foundations of trademark law and criticizes judgments  based on this explanations. This essay indicates courts pay more attention to legal foundations than economic foundations, whilst economic nature of trademark should be paid more attention.