Section 40.04 - Identity of Insurer(1) Failure to clearly identify the name of the carrier and, where practicable, the form number on all marketing materials will be considered misleading and is therefore prohibited. A marketing method shall not use a trade name, or insurance group designation, name of the parent company or the insurer, name of a particular division of the insurer, service mark, slogan, symbol or other device which without disclosing the name of the actual insurer would have the capacity and tendency to mislead or deceive as to the true identity of the insurer and therefore be prohibited.(2) It shall be considered misleading and therefore prohibited for a marketing method to use any combination of words, symbols, or physical materials which by their content, phraseology, shape, color or other characteristics are so similar to combination of words, symbols, or physical materials used by agencies of Massachusetts or of the Federal Government, or otherwise appear to be of such a nature that it tends to confuse or mislead prospective insureds into believing that the solicitation is in some manner connected with an agency of the municipal, state, or Federal Government.