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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

MOTO WORKS, Opposer, v.

MOTOWORKS, INC. Applicant.

) ) ) ) ) ) ) ) ) ) )

Opposition No.: ________________ Serial Number : 85/005,187 Mark Filing Date Pub. Date : MOTOWORKS(word mark) : April 2, 2010 : February 15, 2011

NOTICE OF OPPOSITION

Moto Works, a sole proprietorship owned by Wyatt Seals, located and doing business at 2446 Highway 70 SE, Hickory, North Carolina 28602, (hereinafter called "Opposer"), believes that it will be damaged by the No. registration 85/005,187 in of the mark 007, shown filed in by

Application

Serial

Class

Motoworks, Inc. (hereinafter "Applicant") on April 2, 2010, and opposes Application Serial No. 85/005,187. The grounds for this opposition are as follows: 1. mechanic Moto Works is owned and operated by former factory Wyatt Seals, a name synonymous with factory level

motocross and supercross tuning and performance of motorcycles. During Wyatt's 18 year career as a professional mechanic he has worked for: Team Pro Circuit / Peak Honda, Team Pro Circuit /
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Splitfire Kawasaki, Honda, Kawasaki, Yamaha, Suzuki and Europe's premier Factory Honda team, Pamo Honda. Wyatt Seals has

provided such services for pro racers such as Ryan Hughes, Jeff Stanton, Damon Bradshaw, Jeff Emig and Jeremy McGrath. 2. Commencing long prior to Applicant's filing date,

Opposer, Moto Works, and Opposers predecessor in interest (Moto Works as a registered partnership), have engaged, and Opposer is now engaged, in the sale of and advertising and and promotion, in

interstate (ATVs)

commerce,

motorcycle namely,

All-Terrain-Vehicle to stock

customization

services,

modification

motorcycle systems and installation of custom motorcycle systems including suspension systems comprising shock absorbers,

springs, dampers, front forks, and swing arms, intake systems, exhaust systems, ignition systems, air intake systems and motor modifications, particularly motorcycles used in professional and amateur racing. 3. Commencing long prior to Applicant's filing date,

Opposer and Opposer's predecessor in interest, have used, and Opposer is now with using the Opposer's and MOTO WORKS and trademark promotion, in in

connection interstate (ATVs)

sale of

advertising and

commerce,

motorcycle namely,

All-Terrain-Vehicle to stock

customization

services,

modification

motorcycle systems and installation of custom motorcycle systems including suspension systems comprising
2

shock

absorbers,

springs, dampers, front forks, and swing arms, intake systems, exhaust systems, ignition systems, air intake systems and motor modifications, particularly motorcycles used in professional and amateur racing. 4. In addition to the registered MOTO WORKS word mark

identified above, Opposer shall rely herein upon its common law usage of its other MOTO WORKS mark, including stickers

associated with motorcycles components, such as fork tubes, said mark consisting of a stylized version of the words MOTO WORKS with the word MOTO in white and the word WORKS in red, for its promotion and identification of the source of the above described services. 5. Opposer has made investments in advertising and

promoting its services under Opposer's Marks since their initial use more than seven (7) years ago. Opposer has used, advertised, promoted and offered Opposer's services bearing Opposer's Marks to the public through various channels of trade in commerce, including stickers, clothing, the internet, track side support including pamphlets, structures with the advertising result that the MOTO WORKS mark, and and the

Opposer's

customers

motocross public in general have come to know and recognize Opposer's Marks and associate the same with Opposer services sold or provided by Opposer.

6.

Applicant's MOTOWORKS mark so resembles Opposer's MOTO

WORKS Marks, as to be likely, when applied to the proposed goods of Applicant, to cause confusion or mistake or to deceive users as to the source of such goods resulting in damage and detriment of Opposer and its reputation. (see attachments) 7. Opposer, upon information and belief, avers that its

customers, and the public in general, are likely to be confused, mistaken or deceived proposed as goods to to the be origin and sponsorship of

Applicant's alleged

marketed mark

under and

Applicant's misled into

MOTOWORKS

(STYLIZED/DESIGN)

believing that such goods emanate from, or are licensed by, or are in some way directly or indirectly associated with Opposer, to the damage and detriment of Opposer and its reputation. 8. Opposer, upon information and belief, avers that it

will be damaged by the registration by Applicant of the alleged moto works trademark, Serial as set forth in in Applicant's that the Trademark mark is

Application

No.

85/005,187,

substantially similar to Opposer's Marks and common law rights, and while Opposers mark relates to services and Applicants marks relates to goods, in view of the great renown of Opposer's reputation in the motocross community as motorcycle tuning

mechanic for professional racers, and future plans to market suspension components under the MOTOWORKS mark, and range of expert services offered to the public by Opposer under Opposer's
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Marks, the Applicants mark will be presumed to emanate from or be approved by or otherwise connected with Opposer, either

directly or indirectly.

Wherefore, this Opposer, Moto Works believes and avers that it will be damaged by registration of the alleged MOTO WORKS trademark as aforesaid, and pray that said Application Serial No. 85/005,472 be rejected, that no registration be issued thereon to Applicant, and that this Opposition be sustained in favor of Opposer.

Respectfully submitted this 18th day of April, 2011.

By: /s/ William Monty Simmons Counsel of Record for MOTOWORKS South Carolina Bar : 15882 U.S. District Court of South Carolina : 10,814 P.O. Box 1560 Lenoir, N.C. 28645

Motoworks Performance ATV, UTV & MX Exhuast

Notice of Opposition 85/005,187 Attachment A : Applicant's Use of MARK : Page 1 of 1

Page 1 of 1

Notice of Opposition 85/005,187 Attachment A : Applicant's Use of MARK : Page 1 of 3

MW HOME | ABOUT | SERVICES | ACCESSORIES | SUSPENSION | ENGINES |TRACKSIDE | RACE PREP | CONTACT

About Moto Works Racing


Our passion for performance drives our business and your results. Moto Works is owned and operated by former factory mechanic Wyatt Seals, a name synonymous with factory level motocross and supercross tuning and performance. During Wyatt's 18 year career as a professional mechanic he has worked for; Team Pro Circuit / Peak Honda, Team Pro Circuit / Splitfire Kawasaki, Honda, Kawasaki, Yamaha, Suzuki and Europe's premier Factory Honda team, Pamo Honda. Knowledge and Skill: During Wyatt's career, he has turned wrenches for top pro's including; Ryan Hughes, Jeff Stanton, Damon Bradshaw, Jeff Emig and Jeremy McGrath. Wyatt's career achievements also include, 3 USA Motocross des Nations teams during 1995, 1996 and 2000. Rest assured, when you bring your bike in for engine work or suspension modifications, you'll be in good hands. Moto Works serves the racing community in the Eastern United States with the highest quality suspension parts and factory tuning services combined with "Works" level motor services. From Novice to Pro, Moto, or Woods Rider, Moto Works can provide the set-up, which will allow you to step-up to the next level. Moto Works is located just two minutes off of I-40 and less than a hour from some of the best Woods riding and Moto tracks in the United States, Providing a year round testing and race environment. Please take a moment to see what makes us the best and how we can make you better. Give us a call today! 828-322-7223

CYCLING:: Home l About | Service | Yahoo Group | Accessories | Coaching | Links | Contact MOTO:: Home l About | Services | Engine Work | Suspension | Race Prep | Accessories | MX Fitness | Trackside 2446 HIGHWAY 70 SE, HICKORY, NC 28602 PHONE: 828.322.7223

2007, moto-velo.com. All Rights Reserved ::: Punched up by Ndesign & hosted by neteffect technologies llc

Notice of Opposition 85/005,187 Attachment A : Applicant's Use of MARK : Page 2 of 3

MW HOME | ABOUT | SERVICES | ACCESSORIES | SUSPENSION | ENGINES |TRACKSIDE | RACE PREP | CONTACT

Moto Works Trackside


Almost inside the big rig. Moto Works is here to support your racing and riding efforts; we are also available at local North Carolina tracks on most weekends. Look for our factory workshop on wheels at a track near you. Our technicians are available before, after and between races to help you with suspension tuning, general maintenance and diagnosis of minor or major problems. Are you ready for your best race? Give us a call Wednesday through Friday to find out what tracks and races we will be attending the upcoming weekend.

Moto Works prides itself with knowledge in mutiple racing set-up requirements for the WORCS Series and National Enduro Championships. Moto Works is located smack in the middle of some of the most competitive racing areas and we cater to all levels of riders. Give us a call and we can tell you more about our Race Prep services which will give you almost an unfair advantage against your racing competition.

2 wheels or 4 wheels Moto Works can help tune your quad or bike to perfection. We provide all levels of service and support for our ATV racing and riding friends. If you're looking for a local shop to help get you back on track, look no further than Moto Works. Call Now!

CYCLING:: Home l About | Service | Yahoo Group | Accessories | Coaching | Links | Contact MOTO:: Home l About | Services | Engine Work | Suspension | Race Prep | Accessories | MX Fitness | Trackside 2446 HIGHWAY 70 SE, HICKORY, NC 28602 PHONE: 828.322.7223

2007, moto-velo.com. All Rights Reserved ::: Punched up by Ndesign & hosted by neteffect technologies

Notice of Opposition 85/005,187 Attachment A : Applicant's Use of MARK : Page 3 of 3

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

MOTO WORKS, Opposer, v.

MOTOWORKS, INC. Applicant.

) ) ) ) ) ) ) ) ) ) )

Opposition No.: ________________ Serial Number : 85/005,187 Mark Filing Date Pub. Date : MOTOWORKS(word mark) : April 2, 2010 : February 15, 2011

CERTIFICATE OF SERVICE I hereby certify that a true and complete copy of the foregoing NOTICE OF OPPOSITION has been served on the following Attorney of Record and Correspondent as listed on the TARR website of the United States Patent and Trademark Office by mailing said copy on 18 April 2011 via First Class Mail, postage prepaid to:

Applicant:

Motoworks, Inc. 18550 Minthorn Lake Elsinore, CA 92530 MICHAEL R. ADELE ALLEN MATKINS LECK GAMBLE MALLORY & NATS 12348 HIGH BLUFF DR STE 210 SAN DIEGO, CA 92130-3580

Attorney of Record:

April 18, 2011

/s/ William Monty Simmons Counsel of Record for MOTOWORKS South Carolina Bar : 15882 U.S. District Court of South Carolina : 10,814 P.O. Box 1560 Lenoir, N.C. 28645

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