Yes, and no. It would be protected in Colorado, since that's where it's been used before, if it's an unregistered trademark. However, technically, it could be used in all other 49 states, by anyone that wants to use it, without any permission from the XOC, or you.

http://profs.lp.findlaw.com/patents/patents_2.html

I'm just suggesting you register the trademark, before some joker comes along in a few years, realizes it's not registered, and nabs it up. Hell, I'll even donate to help pay for the registration, if you'd like.

Really, I'm not a completely bad person...

(BTW, I hang out on this site, because I have a Frontier, and the D22 Chasis frontier and WD22 chasis Xterra are virtually the same, except for the body parts. I also would like to buy a WD22 Xterra in the future, when I can convince the woman to drive one... She won't right now; she wants a 350z. If it's a problem for you, to have me around, then just say so, ban me, and get it over with. Otherwise, just quit your bitching...)