estta tracking number: estta307102 09/21/2009 in the

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA307102Filing date: 09/21/2009

IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Proceeding 92050781

Party PlaintiffMercer Insurance Group, Inc.

CorrespondenceAddress

NEIL F. MARKVA8322A TRAFORD LANESPRINGFIELD, VA 22152-1638UNITED STATES

Submission Opposition/Response to Motion

Filer's Name Neil F. Markva

Filer's e-mail [email protected]

Signature /Neil F. Markva/

Date 09/21/2009

Attachments Rule 56 Reply Brf 9-21-09.pdf ( 11 pages )(95362 bytes )Reply Exhibits 9-18-09.PDF ( 15 pages )(1287906 bytes )Mercer Web 9-19-09.PDF ( 2 pages )(95401 bytes )

http://estta.uspto.gov

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

MERCER INSURANCE GROUP, INC. ) Cancellation No. 92/050,781

)

Petitioner, ) Registration No. 2,635,835

v. ) Registration No. 2,902,605

) Registration No. 2,945,426

MERCER, INC. ) Registration No. 3,532,408

)

Registrant. )

PETITIONER’S OPPOSITION TO

REGISTRANT’S RULE 56(f) MOTION FOR DISCOVERY

Petitioner, Mercer Insurance Group, Inc., hereby opposes Registrant’s motion for extensive discovery

that will not reveal any genuine issue of material fact or more evidence than is already available in

connection with Petitioner’s motion for summary judgment. Priority of use of “Mercer” in connection with

insurance underwriting and claims processing services is the sole issue involved in this proceeding.

The purpose of Petitioner’s summary judgment motion is to avoid dealing with expensive discovery

and an unnecessary trial where there is no genuine issue of material fact and more evidence than is already

available in connection with its summary judgment motion. As shown herein, no additional relevant

information will be revealed by the proposed extensive amount of discovery sought through Registrant’s

notice of deposition(s), and its requests for admissions, answers to interrogatories, and document requests.

Introduction

A fact is material if it “may affect the decision, whereby the finding of that fact is relevant and

necessary to the proceedings.” Institut National Des Appellations d'Origine v. Brown-Forman Corp., 47

USPQ2d 1875, 1879 (TTAB 1998) (fact is material when its resolution would affect the outcome of the

case). The only question that may need to be resolved is whether Petitioner may “tack-on” its 1950s use of

MERCER MUTUAL INSURANCE COMPANY to 1981, 1997, and 2003 uses of its MERCER

INSURANCE COMPANY and THE MERCER INSURANCE GROUP marks for identical insurance

underwriting services if Registrant proves its alleged first use of December 31, 1975. The 1959 approval

Petitioner’s Opposition to Page 2

Registrant’s Rule 56(f) Motion for Discovery

by the Department of Banking and Insurance of New Jersey of Petitioner’s amended 1844 Charter of

Incorporation to engage in writing multiple lines of insurance, and its changed corporate name to “Mercer

Mutual Insurance Company” affirms Petitioner’s uses of it names or marks that include the component

“Mercer” prior to and after Registrant’s alleged first use of December 31, 1975. Until Registrant proves that

date, its first use dates are limited to filing dates May 23, 2000 and July 24, 2000 of its registrations.

In inter partes proceedings, a trademark registration resulting from a use-based application is proof of

use only as of its filing date, not of the date of first use alleged in the application. If Registrant relies only

upon a registration resulting from a use-based application, with no other testimony or evidence, the earliest

date of use upon which it may rely is the filing date of the application out of which the registration was

granted. In sum, the registration, per se, is proof of use only as of its filing date, not the date of first use

claimed in a use-based application. Academy Chair Renting Co. v. Arthur Murray, Inc., 169 U.S.P.Q. 571

(T.T.A.B. 1971); J. C. Hall Co. v. Hallmark Cards, Inc., 340 F.2d 960, 144 U.S.P.Q. 435 (C.C.P.A. 1965)

(“The presumption of use emanating from the fact of registration relates back to the filing date of the

application on which the registration is predicated.”) Registrant’s first use date for Registration 2,902,605 is

its filing date, May 23, 2000, and its Registration 2,945,426 is its filing date, July 24, 2000 not December 31,

1975 as alleged.

No genuine issues of material fact related to “tacking-on” an earlier mark to show priority of use

before May 23, 2000, July 24, 2000, or December 31, 1975 need to be tried. For Petitioner’s 1981 use date

for its corporate name “Mercer Insurance Company” with its mark MERCER INSURANCE COMPANY and

its 1997 use date for its corporate name “Mercer Insurance Group, Inc.” with its mark THE MERCER

INSURANCE GROUP are both prior to Registrant’s May 23, 2000 and July 24, 2000 presumed first use

dates. Assuming that Registrant proves an actual use date earlier than 1981 and 1997 in its response to

Petitioner’s summary judgment motion, then the “tacking” question must be addressed therein, but not in

Registrant’s proposed discovery that it currently seeks.



Registrant’s Discovery Requests Answered by Petitioner’s SJM with Its Attached Declarations

Registrant’s motion for discovery states that its “requests were carefully tailored to facts and

information necessary for Petitioner to sustain its burden of proof in this action.” “Schedule A” of

Registrant’s Notice of Deposition, attached hereto, typifies the subjects covered by Registrant’s requests for

admissions, answers to interrogatories, and document requests. Each of the 36 items on the attached

Schedule A includes an annotation as to relevance of the subject, and whether it is addressed by Petitioner’s

summary judgment motion with its attached declarations of past and current Presidents of Petitioner, its

subsidiary, and its predecessor in interest.

Petitioner responds to each of the allegations set forth at Page 2 of Registrant’s motion for discovery:

a) Whether Petitioner made service mark use of any designation in interstate commerce prior to

Mercer’s first nationwide use of its MERCER marks.

To establish priority of use in a mark, Petitioner need not prove priority of use in interstate

commerce. Proof of prior and continuous use in intrastate commerce is sufficient to preclude Registrant’s

registration. Corporate Document Services, Inc. v. I.C.E.D. Management, Inc., 48 U.S.P.Q.2d 1477

(T.T.A.B. 1998) (ITU applicant [Petitioner is an actual use applicant] who conclusively established prior

intrastate usage proves priority and is entitled to an unrestricted national registration. “It is well established

that rights in and to a trademark are created by use of the mark in either intrastate or interstate commerce.”);

Maids to Order of Ohio, Inc. v. Maid-to-Order, Inc., 78 U.S.P.Q.2d 1899, 2006 WL 936993 (T.T.A.B. 2006)

(priority established on the basis of intrastate use of a service mark). Similarly, an ITU applicant who

opposes another's registration can rely on analogous use (prior to its own ITU filing date and its own actual

use) in order to achieve priority. Fair Indigo LLC v. Style Conscience, 85 U.S.P.Q.2d 1536, 2007 WL

4162785 (T.T.A.B. 2007) (“The creation of the intent-to-use system did not affect the manner upon which a

party can prove priority.” The Board rejected the argument that one cannot argue that it has an analogous use

prior to its ITU application date.). One can win priority and prevent a registration to one's opponent merely



by proving prior use of the term in a trade name, corporate name, or advertising sense (as opposed to a

technical trademark sense) and even by prior use in intrastate commerce.

In its summary judgment motion and in its attached declaration, Petitioner proves use of a corporate

name “Mercer Mutual Insurance Company” since at least as early as 1954, which is more than 20 years

before Registrant’s alleged and yet to be proved “first nationwide use of its MERCER marks” in 1975.

Again, the 1959 approval by the Department of Banking and Insurance of New Jersey of Petitioner’s

amended 1844 Charter of Incorporation to engage in writing multiple lines of insurance, and its changed

corporate name to “Mercer Mutual Insurance Company” and specimens showing use of its MERCER

MUTUAL INSURANCE COMPANY mark affirm Petitioner’s uses of it names and marks that include the

component “Mercer” prior to and after Registrant’s alleged and yet to be proved December 31, 1975.

No additional discovery is required to find an answer to this question unless Registrant proves its

alleged 1975 use date and because “tacking” does not require use in “interstate commerce” but can, as

Petitioner does, rely on previous use in intrastate commerce of its corporate names and marks that have the

same commercial impression and are legal equivalents to its current MERCER INSURANCE COMPANY

and THE MERCER INSURANCE GROUP marks. Registrant has sufficient information to respond to this

single question presented by Petitioner’s motion for summary judgment. As shown herein, state governments

protect the use of a Petitioner’s member corporate name in each state in which its member is licensed to do

business. Moreover, Petitioner’s members’ insurance products and services are not competitive with

Registrant’s products and services for they are sold through different channels of trade to a different target

group of consumers, and, more significantly, are subject to highly regulated government control. Of course,

none of these questions are relevant to the single issue of Petitioner’s SJM so Registrant is not entitled to take

discovery for addressing these issues.

Therefore, to avoid the expense of having to deal with unnecessarily protracted discovery and

continuation of this proceeding, Petitioner is prepared to settle this dispute, and execute settlement and



consent agreements to assure Registrant that it will keep its registrations and Petitioner may obtain

registration of its marks. Petitioner asks not to be required to respond to Registrant’s unnecessary discovery.

b) Whether Petitioner’s alleged company names used prior to Mercer’s first nationwide use of the

MERCER marks were primarily geographically descriptive of its location in Mercer County, New Jersey.

Petitioner’s predecessor had acquired distinctiveness of its MERCER COUNTY MUTUAL FIRE

INSURANCE COMPANY name and mark for its long association with the insurance industry and

community, which it served. Petitioner’s mark achieved its secondary meaning for its substantially exclusive

and continuous use for more than 115 years from 1944 to 1959. It then exclusively and continuously used its

MERCER MUTUAL INSURANCE COMPANY mark from 1959 to 2003 when it changed its corporate

name to “Mercer Insurance Company” and began using its MERCER INSURANCE COMPANY mark. In

1981, “Mercer Mutual Insurance Company” formed “Mercer Insurance Company, Inc.” as its subsidiary.

The “Mercer” component lost its geographic significance long before it adopted its corporate name “Mercer

Mutual Insurance Company” in 1959 and its subsidiary’s corporate name “Mercer Insurance Company, Inc.”

In its motion, Petitioner shows that thirty years of substantially exclusive and continuous use of

“Mercer County” in a composite name and mark including the geographic designation proves a § 2(f)

designation that the PTO indicated the Trademark Act granted for MERCER COUNTY BANK as applied to

banking services. Applicant’s Vice President-General Counsel and Corporate Secretary attested “that the

service mark MERCER COUNTY BANK has become distinctive of Applicant’s services by reason of

substantially exclusive and continuous use in interstate commerce thereof by Applicant or its predecessors in

title for the five years immediately preceding the filing date of the application.” The applicant’s attorney

submitted that “the MERCER COUNTY BANK mark has become distinctive of Applicant’s services, as the

mark has been continuously used for almost thirty years.” The PTO subsequently issued U.S. Registration

1,497,045 under § 2(f).

After operating for 115 years with its mark, Petitioner’s predecessor in interest acquired



distinctiveness of its mark by virtue of its long association with the insurance industry and community, which

it served. Petitioner urges the Board to recognize the acquired distinctiveness for its “Mercer County Mutual

Fire Insurance Company” mark before changing it to “Mercer Mutual Insurance Company.” And to

recognize Petitioner’s predecessor’s use of MERCER MUTUAL INSURANCE COMPANY mark for 44

years from 1959 to 2003 before changing it to MERCER INSURANCE COMPANY.

Proof of the foregoing is in Petitioner’s SJM and its attached declarations. No additional discovery

is needed for Registrant to address this issue, which involves a matter of law.

c) Whether Petitioner acquired secondary meaning of inherently descriptive names or marks prior

to Mercer’s first nationwide use of MERCER.

Petitioner’s MERCER MUTUAL INSURANCE COMPANY and MERCER INSURANCE

COMPANY marks are not “inherently descriptive” and the Board doesn’t require nor does Registrant need

any discovery to come to that conclusion. When Petitioner acquired secondary meaning to its 115 year use of

“MERCER COUNTY” as a component of its MERCER COUNTY MUTUAL FIRE INSURANCE

COMPANY mark is when “Mercer” combined with “Insurance” referred to Petitioner and not to a

geographic location. Therefore, Petitioner’s names or marks are not “inherently descriptive” of anything but

is distinctive of Petitioner’s member services. Proof of the foregoing is in Petitioner’s SJM and its attached

declarations. No additional discovery is needed to determine whether this question is answered.

d) Whether Petitioner’s alleged earlier and now discontinued use of different company names

supports Petitioner’s claim of trademark priority.

Petitioner used its corporate name “Mercer Mutual Insurance Company” since as early as 1954 and

officially since the 1959 approval by the Department of Banking and Insurance of New Jersey of Petitioner’s

amended 1844 Charter of Incorporation to change its corporate name. Petitioner used its MERCER

MUTUAL INSURANCE COMPANY mark after the 1959 approval of its corporate name change. In 1981,

Mercer Mutual Insurance Company formed Mercer Insurance Company, Inc. as its subsidiary. In 1997,



Mercer Mutual Insurance Company transferred its domicile to Pennsylvania and in 2003 changed its name to

Mercer Insurance Company after successful conversion from mutual to stock form. See Petitioner’s SJM and

its attached declarations. In 1997, Petitioner, Mercer Insurance Group, Inc., was created. The 1981 and 1997

uses are prior to Registrant’s first use dates of May 23 and July 24, 2000. It’s 1975 use date needs proving.

No additional discovery is needed for Registrant to respond to Petitioner’s motion for summary

judgment. Assuming Registrant proves its 1975 use date, it is a matter of law whether Petitioner’s use of its

subsidiary’s 1981 corporate name “Mercer Insurance Company, Inc.” and use of its 2003 corporate name

“Mercer Insurance Company” may tack-on its earlier 1950s intrastate use of its former corporate name

“Mercer Mutual Insurance Company” and its former MERCER MUTUAL INSURANCE COMPANY mark

to prove its priority of use for the marks to be entitled to registration.

Approval of Petitioner’s member’s 2003 name change and its 1981 subsidiary’s name “Mercer

Insurance Company, Inc.” to provide essentially identical insurance products and services by the Department

of Banking and Insurance of New Jersey, supports Petitioner’s contention that its MERCER MUTUAL

INSURANCE COMPANY, and its MERCER INSURANCE COMPANY and THE MERCER INSURANCE

GROUP marks are legal equivalents that give potential consumers the same commercial impression.

Until Registrant proves its 1975 use date, it needs no more discovery information to respond to that

which is presented in Petitioner’s SJM and its former and current Presidents’ declarations attached to it.

e) Whether such different names created the same or different names created the same or

different commercial impression as Petitioner’s Marks in current use of which Petitioner intends to use.

An impression is the first and immediate effect of a consumer’s perception upon his or her mind. As

noted above, no discovery will present information that will show that Petitioner’s MERCER MUTUAL

INSURANCE COMPANY, and its MERCER INSURANCE COMPANY and THE MERCER INSURANCE

GROUP marks do not give potential customers the impression that these marks provide products and services

that are offered by any insurance company. The commercial impression or sense of insurance is security



against loss or harm arising because of an event such as fire, accident, death, disablement, or the like in

exchange for a premium payment proportionate to the risk involved. An insurance company is in the

business of insuring property or one’s person against such loss or harm.

To address this issue, Registrant needs no more information to respond to that which is presented in

Petitioner’s SJM and its former and current Presidents’ declarations attached to it.

f) Whether Petitioner established market penetration in any geographic area of a distinctive mark

prior to Mercer’s first nationwide use of MERCER.

The question of “market penetration” relates to the issue of resolving the territorial extent of

conflicting trademark rights applied to competitive goods and services offered to the same target consumer

group. No such issue exists in Petitioner’s motion for summary judgment. So “market penetration” is not

relevant to the question of a party’s right to tack-on the earlier use of a mark in a changed format of a later

mark that maintains the same commercial impression and is a legal equivalent to the earlier mark.

Assuming Registrant proves its 1975 use date, whether tacking-on Petitioner’s earlier subsidiary use

of its MERCER MUTUAL INSURANCE COMPANY mark to its 1981 and 2003 use of its MERCER

INSURANCE COMPANY mark, or to its 1997 corporate name, Mercer Insurance Group, Inc. and its mark

THE MERCER INSURANCE GROUP to establish priority of use in this proceeding, is the only question

presented by Petitioner’s motion for summary judgment. If the new form of the mark creates the same

commercial impression as did the old form, then the tacked-on earlier use date achieves priority of use.

Continuous use of the earlier mark has occurred before Registrant’s alleged first use date. Petitioner’s

predecessor, Mercer Mutual Insurance Company, was licensed to conduct business throughout the state of

New Jersey, and the company was referred to and know as “Mercer” throughout the insurance industry and in

the community.

In view of the circumstances, any discovery related to the question of “market penetration” should

not be allowed because it is not relevant to the issue raised by Petitioner’s motion for summary judgment.



The proposed discovery will reveal no fact that should cause a dispute that would alter the Board’s

decision on the legal issues of priority of use and tacking, and that will prevent entry of summary judgment.

See United States Olympic Committee v. O-M Bread Inc., 29 USPQ2d 1555 (TTAB 1993) (genuine issues of

fact as to grounds which were asserted in opposition but were not grounds for summary judgment were

irrelevant).

Regulated Insurance Industry

The insurance industry is highly regulated in each state and the District of Columbia. The name

approval requirements to be licensed in the various states and the District of Columbia gives the state

governments authority to protect the corporate name of a business entity licensed to do business in each

regulating state.

Petitioner’s members are licensed to do business in 22 states as set forth in the attached sheet titled

“State Licenses for Mercer Insurance Group, Inc. and its Members.” For the convenience of the Board,

attached listing of the requirements for name approval in the 22 states in which Petitioner’s members are

licensed to do business as an insurance company. Petitioner’s attached Internet website includes it’s THE

MERCER INSURANCE GROUP mark to advertise the members of its group in any state in which it may be

viewed.

The Uniform Certificate of Authority Application (UCAA) process is designed to allow insurers to

file copies of the same application for admission in numerous states. Each state that accepts the UCAA is

designated as a uniform state. While each uniform state still performs its own independent review of each

application, the need to file different applications, in different formats, has been eliminated for all states that

accept the uniform application. Attached is a chart titled “Name Approval Requirements” that sets forth

requirements to gain name approval for each of the 50 States and the District of Columbia.

The foregoing name approval requirements explain why no third party has had any claims against

Petitioner’s marks and why Petitioner has no worry about some other business entity conducting insurance



underwriting and claims processing services in those states in which its members are licensed to do business.

For each state government makes sure that no entity is licensed in the same state with a name that is identical

or might mislead, deceive, or be deceptively similar to Petitioner’s name.

Conclusion

In view of the foregoing, Petitioner’s motion for summary judgment first proves earlier 1981 and

l997 dates of first use than Registrant’s May 23, 2000 and July 24, 2000 first dates of use for its respective

Registrations 2,902,605 and 2,945,426. Therefore, Petitioner’s priority of use is established. If Registrant is

able to prove its December 31, 1975 first use date, Petitioner’s motion for summary judgment addresses the

single issue of tacking-on an earlier use date for its MERCER MUTUAL INSURANCE COMPANY mark to

its 1981 and/or a 2003 use date for its MERCER INSURANCE COMPANY mark, and on to its 1997 use of

its corporate name, Mercer Insurance Group, Inc. with its THE MERCER INSURANCE GROUP mark.

Petitioner respectfully requests the Board to deny Registrant’s to conduct its proposed discovery that

will not produce information to prove Registrant’s December 31, 1975 first use of its marks, nor produce

information that will show Petitioner’s MERCER INSURANCE COMPANY and THE MERCER

INSURANCE GROUP marks do not give the same commercial impressions as and are not legal equivalents

to its earlier MERCER MUTUAL INSURANCE COMPANY mark.

Respectfully submitted,

/Neil F. Markva/

Attorney of record,

Virginia bar member.

CERTIFICATE OF SERVICE

I certify that, PETITIONER’S OPPOSITION TO REGISTRANT’S RULE 56(f) MOTION FOR

DISCOVERY is being served on Counsel for Registrant by First Class Mail on September 21, 2009 in an

envelope to:

Doreen L. Costa

Baker Botts L.L.P.

30 Rockefeller Plaza

New York, NY 10112

Direct: 212.408.2578

Fax: 212.259.2578

Dated: September 21, 2009 By: /Neil F. Markva/

E,XHIBITS

ATTACHE,D TO

RE,PLY BRIEF

SCHEDULE A of Registrant's Notice of Deposition

l. (Addressed by petitioner's SJM with attached declarations) The business operations of Petitioner'

2. (Addressed by petitioner's SJM with attached declarations) The incorporation, structure, shares,

nature and purpose of petitioner and its parents, subsidiaries, affiliates and related businesses.

3. (Not Relevant. Otherwise, addressed by Petitioner's SJM with attached declarations) Petitioner's use

of petitioner's Marks in each state of the United States prior to and after December 31, 197 5.

4. Q..lot Relevant. Otherwise, addressed by Petitioner's SJM with attached declarations) Petitioner's use

of any name or mark including the component "Mercer," other than Petitioner's Marks, in each state of

the United States prior to and after December 31, 197 5 '

5. (Addressed by petitioner's SJM with attached declarations) Each product and service sold, offered, or

rendered under or in connection with Petitioner's Marks in each state in the United States prior to and

after December 3 1 , I97 5 and the inclusive dates of use of each such product and service.

6. (Addressed by petitioner's SJM with attached declarations) Each product and service sold, offered, or

rendered under or in connection with any name or mark including the component "Mercer," other than

petitioner's Marks in each state in the United States prior to and after December 31, 1975 and the

inclusive dates ofuse ofeach such product and service'

7. Qrtrot Relevant.) The revenues generated and projected revenues to be generated from Petitioner's sales

in each state in the United States of goods and services offered under or in connection with Petitioner's

Marks and any name or mark including the component'oMercer," other than Petitioner's Marks prior to

and after December 31,1975.

g. Q.Jot Relevant.) profits generated and projected profits to be generated from Petitioner's sales in each

state in the United States of its goods and services offered under or in connection with Petitioner's

Marks and any name or mark including the component "Mercer," other than Petitioner's Marks prior to

and after December 31, 197 5.

9. Q..lot Relevant. Otherwise, addressed by Petitioner's SJM with attached declarations) Petitioner's

conception, selection, development, adoption, and first use of Petitioner's Marks and any name or mark

includ-ing the component "Mercer," other than Petitioner's Marks in each state in the United States.

10. (Addressed by petitioner's SJM with attached declarations) The commercial message intended to be

conveyed by petitioner to consumers through the use of Petitioner's Marks and any name or mark

including the component "Mercer," other than Petitioner's Marks in the United States'

1 1. Q.{ot Relevant. Otherwise, addressed by Petitioner's SJM with attached declarations) All use of

petitioner's Marks and any name or mark including the component "Mercer," other than Petitioner's

Marks identifying, referencing, connoting, calling to mind, or otherwise in connection with Mercer

County, New JerseY.

12. Q.{ot Relevant. otherwise, addressed by Petitioner's SJM with attached declarations) All facts upon

which petitioner relies to establish market penetration in Mercer County, New Jersey and each state in

I

the United States for Petitioner's Marks and any name or mark including the component "Mercer," otherthan Petitioner's Marks.

13. (Not Relevant. Otherwise, addressed by Petitioner's SJM with attached declarations) All facts uponwhich Petitioner relies to establish the acquisition of secondary meaning or acquired distinctiveness inMercer County, New Jersey and each state in the United States for Petitioner's Marks and any name ormark including the component "Mercer," other than Petitioner's Marks.

14. Q'{ot Relevant. Otherwise addressed by Petitioner's SJM with attached declarations) Petitioner'sapplications to register Petitioner's Marks in the United States, including, but not limited to, all facts anddocuments concerning, referring or relating to such applications and./or the decision to file suchapplications.

15. Q'{ot Relevant. Otherwise addressed by Petitioner's SJM with attached declarations) All fact allegedin the applications to register Petitioner's Marks in the United states concerning the allesed dates of firstuse and claim of intention to use such marks.

16. (T',Iot Relevant. Otherwise addressed by Petitioner's SJM with attached declarations) Thedeclarations executed by Petitioner in support of its applications to register Petitioner's Marks and allfactual attestations contained in such declarations, including attestations concerning the absence of anyprior confl icting marks.

17. Qrlot Relevant.) The identity and role of and all actions undertaken by all persons who participatedin Petitioner's decision to adopt andlor apply to register Petitioner's Marks in the United States.

18. Q'Jot Relevant.) All facts concerning any opinions from counsel obtained by Petitioner concerningthe adoption, use and/or registration of Petitioner's Marks.

19. (ltIot Relevant. Otherwise addressed by Petitioner's SJM with attached declarations) The tradechannels through which Petitioner has marketed, offered to sell, sold and/or rendered goods and servicesunder or in connection with the Petitioner's Marks and any name or mark including the component"Mercer," other than Petitioner's Marks in each state in the United States prior to and after December 31,1975.

20. Q',lot Relevant. Otherwise addressed by Petitioner's SJM with attached declarations) Thedemographic profile of Petitioner's target consumer in each state in the United States for Petitioner'sgoods and services sold, offered, or rendered under Petitioner's Marks and any name or mark includingthe component "Mercer," other than Petitioner's Marks prior to and after December 3 I , 197 5.

21. Qllot Relevant. Otherwise addressed by Petitioner's SJM with attached declarations) Agreementsexecuted by any person that concern, refer or relate to the use of Petitioner's Marks and any name ormark including the component "Mercer," other than Petitioner's Marks in each state in the United States.

22. Qt{ot Relevant. Otherwise addressed by Petitioner's SJM with attached declarations) All surveys,studies, reports, focus groups or investigations conducted by or on behalf of Petitioner in connectionwith Petitioner's Marks or Registrant's Marks.

23. (Not Relevant. Otherwise addressed by Petitioner's SJM with attached declarations) Petitioner's

marketing, promotion, sale, offer for sale, solicitation of sales, advertising and/or licensing in each statein the United States of goods or services sold, offered, or rendered under or in connection with thePetitioner's Marks and any name or mark including the component "Mercer," other than Petitioner'sMarks prior to and after December 31,7975.

24. Q.Jot Relevant. Otherwise addressed by Petitioner's SJM with attached declarations) Expendituresby Petitioner in marketing, promoting and/or advertising products or services in each state in the unitedStates under or in connection with the Petitioner's Marks and any name or mark including the component'oMercer," other than Petitioner's Marks prior to and after December 3I,1975.

25. Q.Jot Relevant. Otherwise addressed by Petitioner's SJM with attached declarations) All facts

conceming, referring or relating to media, marketing and/or business plans developed by or for

Petitioner in connection with the sale of goods and services under or in connection with Petitioner's

Marks and any name or mark including the component "Mercer," other than Petitioner's Marks in each

state in the United States prior to and after December 3I,197 5.

26. (Relevant facts addressed by Petitioner's SJM with attached declarations) All factual allegations setforth in Petitioner's Petition for Cancellation in No. 92050781.

27. Q.{ot Relevant. Otherwise addressed by Petitioner's SJM with attached declarations) Petitioner's

awareness or knowledge of Registrant and Registrant's Marks.

28. Q.Jot Relevant.) The bases for Petitioner's request from Registrant for Registrant's consent to the

registration, use and coexistence of Petitioner's Marks.

29. Qrlot Relevant.) Petitioner's delay in instituting this cancellation action,

30. (Not Relevant.) Petitioner's failure to protest Registrant's use of Registrant's Marks.

3 I . Qr{ot Relevant.) Petitioner's acquiescence in the use and registration of Registrant's Marks.

32. (Addressed by Petitioner's SJM with attached declarations) The factual bases upon which Petitionerrelies to prove trademark priority over Registrant's Marks.

33. Qllot Relevant.) Third party claims against Petitioner for infringement of any mark, design, logo or

slogan, exclusive of this matter, and all facts or events concerning, referring or relating thereto and anysettlement or resolution thereof.

34. Qr{ot Relevant.) Third party use of marks allegedly similar to, or the same as, Registrant's Marks orpetitioner's Marks and any name or mark including the component "Mercer," other than Petitioner'sMarks.

35. Qllot Relevant.) Petitioner's enforcement of its alleged rights in Petitioner's Marks and any name ormark including the component "Mercer," other than Petitioner's Marks against any third party.

36. Q.Jot Relevant.) All complaints received concerning Petitioner's goods and services offered underPetitioner's Marks and any name or mark including the component "Mercer," other than Petitioner'sMarks.

State Licenses for Mercer Insurance Group. Inc. and its Members

Mercer Insurance Company - PA, NJ and NY

Mercer Insurance Company of New Jersey, Inc. - NJ and NY

Franklin Insurance Company - PA

Financial Pacific Insurance Company -

CA, AK, AZ, AR, CO, ID, KS, MO, MT, NE, NV, NM, ND, OK, OR, SD, UT, WA, ANd WI

Each state has different guidelines and procedures for name approval. The Name Approval charlbelow serves as a guide for the various name approval requirements of each Uniform State.

AK

AR

AZ

CA

CO

ID

The Alaska Division of Insurance does not reserve or approve names for use by insurancecompanies. Section 21.09.050 of the Alaska Insurance Code prohibits the use of a name thatmight mislead, deceive or be deceptively similar to the name of another insurer.

The Arkansas Insurance Department does not reserve or approve names for use by insurancecompanies. Ark. Code ann. 23-63-203 prohibits the use of a name, which might mislead, deceiveor be deceptively similar to the name of another insurer. Contact Kimberly Johnson, MarketAnalyst, with any questions at (501) 371-2680.

The Arizona Department of Insurance does not reserve or approve names for use by insurancecompanies. A.R.S. 5 20-218 prohibits an insurer's use of a name so similar to that of anotherinsurer as to cause uncertainty or confusion, nor use a name which may tend to deceive ormislead the public as the type of organization of the insurer. Prospective applicant should callFinancial Affairs Division to request "name availability check," which will tell applicant if asimilar name is already in use. A name reservation can then be filed with the ArizonaCorporation Commission by calling (602) 364-3986 for instructions and fees.

Newly forming domestic insurers and insurers redomesticating to Arizona must deliver theirArticles of Incorporation or Articles of Redomestication, respectively, to the Department ofInsurance to be reviewed and stamped prior to filing with the Arizona Corporation Commission.Call (602) 364-3986 for assistance.

The Insurance Commissioner and the Secretary of State must approve name. Submit writtenrequest with fee of $1 17 to the Commissioner at 45 Fremont Street, 24th Floor, San Francisco,CA 94105 Attention: Name Reservation Unit. Include in your application a copy of your letter tothe Secretary of State at 1500 l lth Street, Sacramento, CA 95814 Attention: Corporate Filingand Services Division.

The Colorado Division of Insurance has no formal name approval process. The ColoradoSecretary of State does regulate this. Information is available on its website under "BusinessDivision." That information includes an article titled "Business Names" that addresses the issueof "name availability." The Business Division web page also permits a search of the businessentity records database maintained by the Colorado Secretary of State. The website for theBusiness Division is http://www.sos.state.co.us/pubs/business/main.htm.

The Idaho Department of Insurance has discontinued taking name reservations. No insurer shallhave or use a name which is the same or deceptively similar to that of another insurer alreadylicensed. Refer to Idaho Code $41-311 for company name.

The Kansas Deparlment of Insurance must approve the use of any name used to identify aninsurer to be sure the insurer does not use the name of an insurer already transacting business inKansas and to prevent the use of any name so similar to such a company as to mislead the public(K.S.A. 40-203). Make your request in writing to the Kansas Insurance Department. After

KS

MO

ND

NE

NJ

departmental review, you will be sent the appropriate forms to be filed with the Kansas Secretaryof State. This form for Reservation of Name from the Kansas Secretary of State is optional to theapplicant. If not filed, the applicant would run the 'orisk" of some other entity reserving the samename prior to issuance of the Certificate of Authority.

Admission Specialist evaluates the department's database. The company is contacted only if asimilar or misleadins name exists in the svstem.

The Montana Division of Insurance does not reserve or approve names for use by insurancecompanies. 33-2-107. Name -- dissimilar.(1) No insurer shall be authorized to transact insurance in this state, which has or uses a name sosimilar to that of another insurer already so authorized as likely to mislead the public.(2) No life insurer shall be authorized which has or uses a name deceptively similar to that ofanother insurer authorized to transact insurance in this state within the preceding l0 years if lifeinsurance policies originally issued by such other insurer are still outstanding in this state.(3) No insurer shall be so authorized which has or uses a name, which tends to deceive or mislead asto the type of organization of the insurer.(4) In case of conflict of names between two insurers or a conflict otherwise prohibited under theforegoing subsections of this section, the commissioner may permit or require the more recentlyauthorized insurer to use in Montana such supplementation or modification of its name or suchbusiness name as may reasonably be necessary to avoid such conflict.

A foreign company may not adopt a name that is so similar to a name already in use by anexisting company organized or licensed in this state as to be confusing or misleading. Uponreceipt of the application, the Department will automatically check the name for conformity andnotify the applicant company of the Depaftment's determination. N.D.C.C. $$ 26.1-l l-01 and26 .1 -12 -27

Nebraska does not reserve names. No formal approval process. Neb.Rev.Stat. $44-351, prohibitsan insurance company from taking any name in use by other company or so closely resemblingsuch name as to deceive or mislead the public. Contact Terry Sindelar, CFE, with questionsregarding the Primary and Expansion Applications at (402) 4ll-0373. Contact Ms. Lynn Nannen,Staff Assistant, with questions regarding the Corporate Amendments Application at (402) 471-4045.

Please be advised that there is no provision under New Jersey statutes for the reservation orapproval of a corporate name for use by an "insurer" as defined in N.J.S.A. 17:32-17. However,in accordance with N.J.S.A. 17:32-2d, no "Certificate of Authority" shall be issued to an insurer(insurance company) by the commissioner if, in the judgment of the commissioner, the name ofsuch company shall so closely resemble the name of any existing company authorized to transactbusiness in this State as to be likely to mislead the public. NM Pursuant to NMSA Section59A,-5-14, the name must not be the same or deceptively similar to that of another insurer alreadyauthorized, or has or uses a name tending to mislead as to its type of organization. Admissionspecialist evaluates the division's database. The company is contacted only if a similar or misleadingname exists in the system.

Pursuant to NMSA Section 59A-5-14, the name must not be the same or deceptively similar tothat of another insurer already authorized, or has or uses a name tending to mislead as to its typeof organrzation. Admission specialist evaluates the division's database. The company is contactedonly if a similar or misleading name exists in the system.

NM

NV Pursuant to NRS 680A.100(l) "No insurer shall be formed or authorized to transact insurance inthis state which has or uses a name which is the same as or deceptively similar to that of anotherinsurer alreadv so authorized. without the written consent of such other insurer..."

NY Name must be approved and reserved by the Office of General Counsel, Section 1 102(9) of theN.Y. Ins. Law, prior to the submission of incorporation papers Q'{ote: domestic insurers must beincorporated through the Insurance Department prior to submission of Primary Application).Letters requesting approval and reservation should be submitted to the Office of GeneralCounsel, State of New York Insurance Department, One Commerce Plaza, Albany, NY 12257along with payment of a $25.00 fee, check made payable to the Superintendent of Insurance. SeeInsurance Department Regulation No. 104, 11 NYCRR 87.

All foreign insurers must have their name approved by Off,rce of General Counsel. Lettersrequesting approval and reservation should be submitted to the Office of General Counsel, Stateof New York Insurance Depaftment, One CommercePlaza, Albany, NY 12257 along withpayment of the $25 fee, check made payable to the Superintendent of Insurance.

OK No names are reserved. Applicant name cannot be identical to a name already used or misleadingor deceptive.

OR Pursuant to ORS 73I.430, name must not be same as or deceptively similar to any other insurerso formed or authorized. Name must not be deceptive or misleading as to the type of organizationof the insurer or that does not indicate the insurer is transacting insurance. Any person mayreserve a name for use as a corporate name or assumed business name by filing in writing.Contact Linda Rothenberger, Para-Analyst, (503) 941 -7227 .

PA The insurance department does not reserve or approve names for use by insurance companies. 40P.S. Section42T prohibits the use of a name that is likely to confuse or mislead the public. Pleasecontact Chief, Company Licensing Division at (717) 787-2735 or [email protected] or [email protected] with any additional questions.

SD The South Dakota DOI does not require this, but a company can reserve a name and approvalwill be given.

UT The Utah Insurance Department does not reserve or register names for use by insurancecompanies. It does approve the use of a name. Utah Code Ann. $ 31A-1-109 prohibits the use ofa name that is the same or deceptively similar to the name of any corporate licensee of thedepartment. Reservation or registration of a corporate name can be made by a proper filing withthe: Utah Department of Corporations, Corporations Division, 160 East 300 South, Salt LakeC i t y , UT 84111 .

WA Per RCW 48.05.190, every insurer must conduct business in its own legal name, and no insurermay assume or use a name deceptively similar to that of any other authorized insurer.

WI Name must be distinguishable from the name of any domestic or nondomestic companyauthorized to transact business in the state.

I.I N{ | F$RrL{ {:HI{TI f } [:,&Tti {}f

ATITH {.}lt tTt' /t PPI,I(IATIilF{

Name APProval Requirements

The following table is intended to serve as a guide for the various name approval requirements of each

Uniform State. Applicants are strongly advised to check with each state separately to ensure compliance

with all applicable name approval requirements./ : This information has been updated by the state department of insurance.

state ffi"tpAL va l t oAnnS t r i c k l and ,Exam ine r .A f t e rname isapp roveda

letter of name availability is issued. This letter along with a check for $10.00 should be

submitted to:Alabama Secretary of State, Corporate Division, P.O. Box 5616, Montgomery, AL 36103'

AK f f i f I nsu rancedoesno t reSerVeorapproVenameSfo ruseby insu rancecompanies. Section 21.09.050 of the Alaska Insurance Code prohibits the use of a name that

misht mislead. deceive or be deceptively simila{ to the name of anoth

AR Th" A.kansas Insurance Department does not reserve or approve names for use by

companies. Ark. Code ann. 23-63-203 prohibits the use of a name' which might

decelve or be deceptively similar to the name of another insurer. Contact Kimberly

Market Analyst, with any questions at (501) 371-2680.

insurancemislead,Johnson,

AZ @ofInsurancedoesnotreSerVeorapproVenameSforusebyinsurancecompanies. A.R.S. S 20-218 prohibits an insurer's use of a name so similarto that of another

insurer as to cause uncertainty or confusion, nor use a name which may tend to deceive or

mislead the public as the type of organization of the insurer. Prospective applicant should call

Financial Aifairs Division to request "name availability check," which will tell applicant if a

similar name is already in use. A name reservation can then be filed with the Arizona

Corporation Commission by calling (602) 364-3986 for instructions and fees.

Newly forming domestic insurers and insurers redomesticating to Arizona must deliver their

Articies of InCorporation or Articles of Redomestication, respectively, to the Department of

Insurance to be reviewed and stamped prior to filing with the Arizona Corporation

Commission. Call (602) 364-3986 for assistance.CA f f iandtheSecretaryofStatemustapproVename.Submitwr i t ten

request with fee of $l l7 to the Commissioner at 45 Fremont Street, 24th Floor, San Francisco,

CA94105 Attention: Name Reservation Unit. Include in your application a copy of your letter

to the Secretary of State at 1500 llth Street, Sacramento, CA 95814 Attention: Corporate

Fil ine and Services Division.CO The Colorado Division of Insurance has no formal name approval process. I he Uolorado

Secretary of State does regulate this. lnformation is available on its website under "Business

Division." That information includes an article titled "Business Names" that addresses the

issue of "name availability." The Business Division web page also permits a search of the

business entity records database maintained by the Colorado Secretary of State. The website

for the Business Div ision is http://www.sos.state.co.us/pubs/business/main'htm'

CT Th" Artic.l"r of Incorporation and any amendments are approved by the Connecticut Insurance

Commissioner prior to being filed with the Office of the Secretary of State. (Domestic Only).

The Connecticut Insurance Department does not reserve or approve names for foreign insurers.

The name on the articles of incorporation filed with the application is used in Connecticut for

foreign insurers. Reservation of nu

May 5,2008

State ' ' ' ' -: -',Name,*Plrnval'ProcessTrinity Street, Hartford, CT 06106, (860) 509-6003.

DE The Delaware Department of Insurance does not reserve nor approve names for use by

insurance companies. However, Delaware Insurance Code, Section 509 prohibits the formation

or authorization of an insurer which has or uses a name which is the same as or deceptively

similar to that of another insurance company already authorize4'

DC The District of Columbia Department of Insurance and Securities does not reserve or approvenames. D.C. Code Section 35-601 (l) prohibits the use of a name that is identical or so similarto the name of an existing insurer authorized to do business in the District as to mislead theoublic or cause confusion. If a mutualcompany, the name must contain the word "mutual."

FL All domestic corporations, including insurance companies, are required to register as adomestic corporation through the Office of the Secretary of the State. All foreign corporations,including insurance companies organized under the laws of another state are required toregister as a foreign corporation through the Office of the Secretary of State. A Certificate ofStatus obtained from the Secretary of State's Office is required to be submitted with theapplication to the Office of Insurance Regulation. The phone number for the Office of theSecretary of State is (850) 245-6051. The web site address is http://rvww.sunbiz.orq.

GA O.C.G.A. $33-3-12 No insurer shal l have or use a name so simi lar to that of any insurer

already so authorized in Georgia as to cause uncertainty or confusion or use a name that would

deceptively mislead as to the type of organization of the insurer. In the case of a conflict of

names between two insurers, the Commissioner may require as a condition to the issuance of a

certificate of authority that an insurer use in Georgia a supplement or modification to its name

as may reasonably be necessary to avoid a conflict. Name approval requests should be

submitted to Applications Coordinator.HI Chapter 431:3-202 (b) states that no insurer shall assume or use a name deceptively similar to

that of any other authorized insurer, nor which tends to deceive or mislead as to the type oforganization of the insurer.

The Hawaii Insurance Division accepts name reservations, in compliance with section 431:3-202 (b) of the Hawaii Revised Statute, for a period of six months prior to submission ofUCAA application. All requests must be in writing and signed by an officer or incorporator ofthe insurer. This reservation will only apply to the Hawaii Insurance Division.Contacts: Roderick Uyehara, Insurance Examiner (808) 586-3874

Sally Bautista. Insurance Examiner (808) 586-7414ID The Idaho Department of Insurance has discontinued taking name reservations. No insurer

shall have or use a name which is the same or deceptively similar to that of another insurer

alreadv licensed. Refer to ldaho Code $41-311 for company name.

IL A company's name cannot be the same as, or deceptively similar to, the name of any domestic

company, or of any foreign or alien company, authorized to transact business in the state.

IN The Indiana Department of Insurance does not reserve or approve names for use by insurance

companies. Section 27-l-6-3 of the Indiana Insurance Code requires the name shall contain the

word "insurance" and the word "company," "corporation" or "incorporated," (or an

abbreviation of one of these words); prohibits the use of "United States," "Federal,""government," "official," or any word that would imply that the company is an administrative

agency of the State of Indiana or of the United States, or is subject to supervision of any

department other than the Indiana Department of Insurance; prohibits the use of a name which

is the same as, or confusingly similar to, the name of any other insurance company then

existing under the laws of Indiana or authorized to transact business in Indiana. Contacl

Kathleen Mathis with anv questions at (317\ 232-1991.

IA No names are reserved or specifically approved. Applicant's name must meet similarity

May 5 ,2008

State Name Approval Processrt-r"d"rd i" that it is not considered misleading, deceptive or deceptively similar to a licensed

insurer.KS The K*ls* D"partment of Insurance must approve the use of any name used to identify an

insurer to be sure the insurer does not use the name of an insurer already transacting business

in Kansas and to prevent the use of any name so similar to such a company as to mislead the

public (K.S.A. 40-203). Make your request in writing to the Kansas Insurance Department.

After departmental review, you will be sent the appropriate forms to be filed with the Kansas

Secretary of State. This form for Reservation of Name from the Kansas Secretary of State is

optional to the applicant. If not filed, the applicant would run the "risk" of some other entity

reservins the same name prior to issuance of the Certificate of Authorttr

KY No ""1ne "ppto"al

process unless the insurer uses a name that is the same as or deceptively

similar to that of another insurer already authorized. KRS 304.3-100.

LA A "o.pany

may write in advance and request the availability of a name. There is nothing in

statute allowing us to reserve a name. The Department will look at the proposed name and

compare it to names of other licensed insurers in the state. Using a best-judgment call, we will

determine if the name is "deceptively similar" to any other insurer operating within the state.

ME Nu-e .eservation and approval recommended; Title 24-A M.R.S.A. Section 408 provides

guidance. Can be reserved prior to fil ing application. This is also suggested for corporate

amendment name-change transactions. Contact Tracy Cunningham aI (207) 624-8436 or aI

[email protected];$25f i l ingfeepayabletoTreasu@MD Maryland does not require the reserving of an insurer's corporate name. However, Section 4-

102ft) of the lnsurance Article of the Annotated Code of Maryland states "An insurer may not

be authorized to engage in the insurance business in the State if the insurer has or uses a name

that is so similar to the name of an insurer already so authorized as to tend to cause uncertainty

or confusion or that tends to deceive or mislead about the type of organization of the insurer.

Maryland requires the Articles of Incorporation of each domestic insurer and any amendments

to its charter be submitted to the Commissioner for examination and approval. Once approved

by the Commissioner, the Articles of lncorporation must be filed with the Maryland

Department of Assessments and Taxation. This is set forth in Section 3-104 of the Insurance

Article of the Annotated Code of Maryland. The address for the Maryland Department of

Assessments and Taxation is:

Maryland Department of Assessments and Taxation

300 W. Preston StreetBaltimore. Maryland 21201

MA H,taryuctursetts's General Laws Chapter 175 $ 49 details the procedure that must be followed

for name approval of a domestic insurance company. Foreign insurance companies do not

require name approval per se. However, if their name is very similar to a domestic company, it

is handled on a case by case basis and usually referred to the Secretary of State's office for

resolution,MI No name approval process. See MCL 500.454.

MN No names are reserved or specifically approved. Applicant's name must meet similaritystandard in that it is not considered misleading, deceptive or deceptively similar to a licensedinsurer.

MS The "o.pany

name must be approved by the Commissioner and must not so closely resemble

the name of an existing corporation doing business under the laws of this state as to be likely

to mislead the publ ic.

MO Admission Specialist evaluates the department's database. The company is contacted only if a

May 5, 2008

Statesimilar or misleading name exists in the system'

MT The Montana Division of Insurance does not reserve or approve names for use by insurance

companies.33-2-107. Name -- dissimilar.(1) No insurer shall be authorized to transact insurance in this state, which has or uses a

name so similar to that of another insurer already so authorized as likely to mislead thepublic.

(2) No life insurer shall be authorized which has or uses a name deceptively similar to that

of another insurer authorized to transact insurance in this state within the preceding 10years if life insurance policies originally issued by such other insurer are still

outstanding in this state.(3) No insurer shall be so authorized which has or uses a name, which tends to deceive or

mislead as to the type of organization of the insurer.(4) In case of conflict of names between two insurers or a conflict otherwise prohibited

under the foregoing subsections of this section, the commissioner may permit orrequire the more recently authorized insurer to use in Montana such supplementation ormodification of its name or such business name as may reasonably be necessary toavoid such conflict.

NE Nebraska does not reserve names. No formal approval process. Neb.Rev.Stat. $44-351,prohibits an insurance company from taking any name in use by other company or so closely

iesembling such name as to deceive or mislead the public. Contact Terry Sindelar, CFE, with

questions regarding the Primary and Expansion Applications at (402) 471-0373. Contact Ms.

Lynn Nannen, Staff Assistant, with questions regarding the Corporate Amendments

Application at (402) 471-4045.

NV Puisuant to NRS 6804.100(l) "No insurer shall be formed or authorized to transact insurancein this state which has or uses a name which is the same as or deceptively similar to that ofanotherinsureralreadysoauthorized,withoutthewrittenco

NH Submit letter to the NH Insurance Department stating the name of the company to approve

along with $25 fee. Make check payable to the New Hampshire Insurance Department. The

name approval may be submitted at the same time as the UCAA application. (RSA 401 :15 and

R S A 4 0 1 : 1 6 )NJ Flease be advised that there is no provision under New Jersey statutes for the reservation or

approval of a corporate name for use by an "insurer" as defined in N.J.S.A. 17:32'17.

However, in accordance with N.J.S.A. 17:32-2d, no "Certificate of Authority" shall be issuedto an insurer (insurance company) by the commissioner il in the judgment of thecommissioner, the name of such company shall so closely resemble the name of any existingcompany authorized to transact business in this State as to be likely to mislead the public.

NM Pgrsgant to NMSA Section 59A-5-14, the name must not be the same or deceptively similar to

that of another insurer already authorized, or has or uses a name tending to mislead as to its

type of organization. Admission specialist evaluates the division's database. The company is

contacted onlv if a similar or misleading name exists in the system.

May 5,2008

theof f iceofGenera lCounsel ,Sect ion1l02(g)of theN.y. lns. Law, piior to the submission of incorporation papers (Note: domestic insurers must

be incorporated through the Insurance Department prior to submission of Primary

Application). Letters requesting approval and reservation should be submitted to the Office of

Glneral Counsel, State of New York Insurance Department, One Commerce Plaza, Albany,

Ny 12257 along with payment of a $25.00 fee, check made payable to the Superintendent of

Insurance. See Insurance Department Regulation No. 104, 1 I NYCRR 87.

All foreign insurers must have their name approved by Office of General Counsel. Letters

requestirig approval and reservation should be submitted to the Office of General Counsel,

State of New York Insurance Department, One Commerce Plaza, Albany, NY 12257 along

with payment of the $25 fee, check made payable to the Supan tcompany tobe insubs tan t i a l comp l iancew i th the

insurance company name requirements of NCGS 58-7-35 as a condition for admission. An

insurance company name must not so closely resemble the name of an existing insurance

company doing business in this state as to be likely to mislead the public, and must be

upp.u"i during the application process. North Carolina does not have a statutory provision

ailowing the rJservation of an insurance company name. The approval of each applicant

"orpuny name is accomplished during the application process. If the name of an applicant

company does not satisff the conditions of the statute, the company will be notified of the

admission deficiencA f"..tgr .".pany -ay not udopt a name that is so similar to a name already in use by an

existing company organized or licensed in this state as to be confusing or misleading' Upon

receiptlf the applicition, the Department will automatically check the name for conformity

and notifu the applicant company of the Department's determination. N.D'C.C. $$ 26.1-l l-01

and26. l -12-27e a i f i t ' n a m e i s t h e s a m e a S a n a m e a l r e a d y i s u s e b y a

"orpu,iy currently licensed in this state. Upon receipt of the application, the Department will

automatically chick the name for conformity and noti$r the applicant company of the

ment's determinationNo names a." .ere.u"dlpplicant name cannot be identical to a name already used or

misleading or decept ive.p,rr"r*tt t" ORS llt.+lO, name must not be same as or deceptively similar to any other

insurer so formed or authorized. Name must not be deceptive or misleading as to the fype of

orsanization of the insurer or that does not indicate the insurer is transacting insurance. Any

p"iron may reserve a name for use as a corporate name or assumed business name by filing in

writins. contact Linda Rothenbereer, Para-Analyst, (503) 947-7227.

@doesnot reSerVeorapprovenameSforuseby insurancecompan ies '40 p.S. Section 421 prohibits the use of a name that is likely to confuse or mislead the public.

please contact chiel company Licensing Division at (717) 787 -2735 or

[email protected] or ra-in-com with anv additional questions.

May 5, 2008

State Name'Approvali ProcessRI Primary App:

R.l. will not approve an application from a company who's name is the same as or similar to acompany already licensed in R.I., nor will we approve an application from a company who'sname, in our estimation, would tend to create confusion in the minds of policyholders. Acompany must obtain name clearance and approval through the R.I. Department of BusinessRegulation and the R.l. Secretary of State. The applicant company should obtain nameclearance initially from the R.l. Secretary of State at (401) 222-3040.

Expansion & Corporate Amendments Apps:R.l. does not reserve names. Generally, R.I. will rely on the domestic state insurancedepartment/division's acceptance of a company's name. However, we will not approve anapplication from a company who's current or proposed name is the same as or similar to acompany already licensed in R.1., nor will we approve an application from a company who'sname, in our estimation, would tend to create confusion in the minds of policyholders.

SC The applicant's use of a name which is similar to another insurer previously authorized to dobusiness in this state wil lnot be considered (SC 38-5-100).

SD The South Dakota DOI does not require this, but a company can reserve a name and approvalw i l lbe s iven .

TN Names are not reserved or approved. Applicant's name must meet similarity standard in that itis not considered misleading, deceptive, or deceptively similar to a licensed insurer.

TX Texas requires a name reservation process prior to name approval. The name must not besimilar to other licensed companies as to avoid customer confusion. A $100 fee is required.Contact Barbara Strahan at (512) 322-4370 for submission.

UT The Utah Insurance Department does not reserve or register names for use by insurancecompanies. I t does approve the use of a name. Utah Code Ann. $ 31A-l-109 prohibi ts the useof a name that is the same or deceptively similar to the name of any corporate licensee of thedepartment. Reservation or registration of a corporate name can be made by a proper fil ingwith the:Utah Department of Corporations, Corporations Division,160 East 300 South. Salt Lake Citv. UT 841 I L

VT No name approval process.

VA The Bureau of Insurance is not responsible formay request forms and instructions for nameCorporation Commission, P. O. Box 1197,(www.scc.virsinia.sov/division/clk )

reservation. An applicantthe Clerk of the State

23218, (804) 371-9733.

name approval orreservation from

Richmond, VA

WA Per RCW 48.05.190, every insurer must conduct business in its own legal name, and noinsurer may assume or use a name deceptively similar to that of any other authorized insurer.

WV The West Virginia Insurance Commission does not reserve or approve names, but WestVirginia Code Section 33-3-12 disallows a name which is "so similar to that of any insureralready so licensed as to cause uncertainty or confusion or which tends to deceive or misleadas to the type of organization of the insurer." In case of a conflict of names between insurers,the commissioner may permit or require supplementation or modification of names to avoidconflict.

wl Name must be distinguishable from the name of any domestic or nondomestic companyauthorized to transact business in the state.

May 5, 2008

State ,Name Apnroval' P rocessWY The Wyoming DOI does not have a formal name approval procedure, and company names

cannot be reserved. W.S. 26-3-106 sets forth the requirements regarding insurer's names: A

company's name cannot be the same or deceptively similar to a company that is already

authorized in Wyoming, and the name cannot be misleading as to the company's type of

organizat ion.

May 5, 2008

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Mercer Insurance Company &Mercer Insurance Company of New Jersey

N4ercer Insurance Company and Mercer Insurance Company of New Jersey, lnc. offer awide range of commercial and personal insurance programs. They include:

. Business Owners Program' Special Contractors Program. Commercial Package Program. Workers' Compensation Policies. Commercial Auto Policies' Religious Institution Progam. Garage Owners Program. Homeowners Policies. Condominium Policies. Tenants Policies' Umbrella Coverage

Please contact us - or use the Find an Aoent tool on this site to secure more information

Franklin Insurance Company

Franklin Insurance Company offers a host of high quality personal insurance products They include

. Home Owners Insurance' Condominium Owners Insurance. Personal Auto lnsurance. Tenants Insurance. Umbrella Coverage

Please contact us or use the Find An Agent tool on this site to secure more informatron.

Financial Pacif ic Insurance Company

Financial Pacific Insurance Company offers a variety of insurance products to businesses. Available coverageincludes:

. Property Coverage

. Liabil ity Coverage

. Commercial Auto Coverage

. Inland Marine Coverage

. Umbrella Coverage

. Business Owners Policies

. Special Contractors Coverage

. Surety Bonds - Miscellaneous and Contract

Please contact us or use the Find an Agent feature on this site to secure more information.

Contact Financial Pacific lnsurance Companv

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Stock Quote

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Mercer News

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