Okla. Stat. tit. 6, § 6-1417

names - Use of former name of acquired institution or office -

Commissioner's remedies - Injunctions - Nonconforming previous use

or advertisement.

A. It is unlawful and deemed a Class D1 felony offense for any

bank or out-of-state bank having a confusingly similar name to

advertise its name in Oklahoma, including without limitation by

means of outdoor signage, newspaper, radio, television, billboards,

bulk mailings, and other solicitations to persons who are not

customers of the bank, unless the advertising also conspicuously

identifies the city or town where that bank has its main office.

This subsection shall not apply to a bank's advertising through

local media. Any person who violates the provisions of this

subsection shall, upon conviction, be punished by imprisonment as

Oklahoma Statutes - Title 6. Banks and Trust Companies Page 187

provided for in subsections B through F of Section 20N of Title 21

of the Oklahoma Statutes.

B. It is unlawful and deemed a Class D1 felony offense for any

bank having a full legal name which is not a confusingly similar

name to use a shortened name for purposes of advertising within

Oklahoma, including without limitation on outdoor signage,

newspaper, radio, television, billboards, bulk mailings, and other

solicitations to persons who are not customers of the bank, if that

shortened name would be a confusingly similar name and if such

advertising does not also conspicuously identify the city or town

where that bank has its main office. This subsection shall not

apply to a bank's advertising through local media. Any person who

violates the provisions of this subsection shall, upon conviction,

be punished by imprisonment as provided for in subsections B through

F of Section 20N of Title 21 of the Oklahoma Statutes.

C. It shall be unlawful and deemed a Class D1 felony offense

for any bank which acquires another bank or other financial

institution for one or more of its offices or branches, by merger,

purchase and assumption or otherwise, to continue to use the former

name of the acquired institution or office, or similar name, for

more than six (6) months after the date of acquisition, either on

outdoor signage or in other advertising, unless such name is the

legal name of the resulting bank. Nothing contained in this

subsection shall prohibit an acquiring bank from using a variation

of the former name as a branch title if such variation is at all

times used only in combination with the name of the acquiring bank,

including the town or city where that bank has its main office, and

the word "branch" on any outdoor signage or in other advertising.

Any person who violates the provisions of this subsection shall,

upon conviction, be punished by imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes.

D. It shall be unlawful and deemed a Class D1 felony offense

for any person which is not a bank to use or advertise a confusingly

similar name within the State of Oklahoma. Any person who violates

the provisions of this subsection shall, upon conviction, be

punished by imprisonment as provided for in subsections B through F

of Section 20N of Title 21 of the Oklahoma Statutes.

E. The Commissioner may issue an order in accordance with

Section 204 of this title to any Oklahoma chartered bank or bank

registered pursuant to Section 104 of this title, ordering such bank

to cease violating the provisions of this section. This remedy

shall be in addition to and not exclusive of the remedy provided in

subsection F of this section.

F. Whenever any bank or other person shall use or advertise a

name in violation of this section, the district court from which

lawful service is obtained shall, upon suit by the Commissioner or

Oklahoma Statutes - Title 6. Banks and Trust Companies Page 188

any injured person, issue an injunction restraining such use or
nd not exclusive of the remedy provided in

subsection F of this section.

F. Whenever any bank or other person shall use or advertise a

name in violation of this section, the district court from which

lawful service is obtained shall, upon suit by the Commissioner or

Oklahoma Statutes - Title 6. Banks and Trust Companies Page 188

any injured person, issue an injunction restraining such use or

advertisement. Provided, that the Commissioner shall be deemed to

be a necessary party to any suit brought pursuant to this section

and any suit brought by the Commissioner pursuant to this section

shall be properly brought as to both jurisdiction and venue, when

brought in a county where the office of the Commissioner is located.

G. Advertisements which were in conformance with this section

prior to April 29, 1991, but are not now in conformance with

subsections A and B of this section will not be considered to be in

violation of the law. This subsection shall not be interpreted to

allow any bank to begin the advertisement of a confusingly similar

name which it had not previously used or advertised prior to April

29, 1991, but shall only serve to protect the advertisement of such

names as are in lawful use as of April 29, 1991.