TINJAUAN YURIDIS GUGATAN PELANGGARAN MEREK YANG DINYATAKAN PREMATUR KARENA SEDANG DALAM SENGKETA KEPEMILIKAN MEREK DI PERKARA YANG BERBEDA (Studi Kasus Putusan PN No. 46/Pdt.Sus-Merek/2018/PN Niaga Jkt.Pst. Jo. 768 K/Pdt.Sus-HKI/2019)

Jurisprudence serves as a tool or means of settlement of cases. Before the judge is expected to make a decision, it reflects the value of justice and enforces simple judicial principles. This study aims to determine the judges' considerations in the decision of the Jakarta Pusat Commercial Court and the Cassation Verdict in the case of trademark infringement which is declared premature and to find out the decision of the Central Jakarta Commercial Court and the Cassation Judgment when viewed from the aspects of Civil Procedure Law. The research method utilized in this study is normative juridical research with a statutory approach, a case approach, and a conceptual approach. From the results and discussion of the problems in this study, it can be concluded that the judge's consideration in the decision of the Central Jakarta Commercial Court Number 46 / Pdt.Sus-Brand / 2018 / PN. Niaga Jkt.Pst means that as long as the Plaintiff's trademark certificate has not been canceled, the mark in the Plaintiff's name is still legally recognized and does not obstruct the Plaintiff's Lawsuit. The judge's consideration in the Cassation Decision Number 768 K / Pdt.Sus-HKI / 2019 was because there were 2 interrelated cases and avoided conflicting decisions so that the Plaintiff's Lawsuit regarding trademark Violation was declared premature. And if viewed from the Civil Procedure Law, the lawsuit can be postponed in advance and does not harm either party or when at the Commercial Court it can file a Reconvention Lawsuit because the claims are interrelated so that it can combine the examination and decision in one process so as to simplify procedures, control costs and time and avoid conflicting decisions. Keywords: Trademark Infringement, Premature Lawsuits, Civil Procedural La