1. (a) A state bank planning to file an application for use of a fictitious name must complete the following procedures prior to filing an application with the State Bank Department:

   1. (1)

      1. (A) Publish legal notice of intention to file an application for use of a fictitious name one (1) time in a newspaper of statewide circulation.
      2. (B) Such notice shall include the:

2. (i) Current corporate name;

   1. (ii) Proposed fictitious name; and

      1. (iii) Location or locations where the proposed fictitious name will be used.
      2. (C) A copy of the legal notice must accompany the application; and

   2. (2)

      1. (A) Request a current check of both state and federal trademark or service mark filings on the proposed fictitious name.

      2. (B) Evidence must accompany the application for use of a fictitious name verifying:

         1. (i) The applicant has made a trademark or service mark search; and
         2. (ii) No trademark or service mark exists for the proposed fictitious name.

3. (b)

   1. (1) Once the application for use of a fictitious name is received by the department, notice of the filing of the application will be sent to all state-chartered banks by electronic transmission.
   2. (2) Any protestant will have seven (7) days from the date the department notice was sent to file an official protest to the application.

   3. (3) An official protest must be:

      1. (A) Provided to the department in written form delineating the reasons for the protest; and
      2. (B) Accompanied by a filing fee of twenty-five dollars ($25.00).

   4. (4) The Bank Commissioner will make the final determination on the use of a fictitious name.

      1. (c)
   5. (1) Notwithstanding the above requirements, an applicant bank that has previously filed and been approved for the use of a specific fictitious name is not required to perform the publication of notice or trademark search requirements for subsequent use of the same fictitious name.
   6. (2) However, the bank must file an application for subsequent use of the same fictitious name at a new location.

Codification Notes: This section was promulgated as Section 48-309.2 of the State Bank Department Rules prior to codification into the Code of Arkansas Rules. This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Reference A.C.A. § 23-48-309)"