June 29, 2010
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451

Attention: Michael Engel
Trademark Examining Attorney
Law Office 107

Re: Trademark Application Serial No. 77/690,565
Applicant: SeaFax, Inc.
Mark: FOOD ONE

RESPONSE TO OFFICE ACTION

This letter responds to the Office Action issued on December 30, 2009 in connection with the
above-referenced trademark application (the “Application”), in which the Examining
Attorney maintained and continued the disclaimer requirement for FOOD. Based on this
response, Applicant respectfully requests that the disclaimer requirement be withdrawn and the
mark be approved for publication in the Official Gazette.

Disclaimer of FOOD is Not Required Pursuant to TMEP Section 1213.05(a)

Applicant has amended the mark to remove the space between FOOD and ONE to create the
compound word mark FoodONE. This non-material alteration of the drawing is consistent with
how Applicant intends to use the mark in commerce.

As a result of the Applicant’s amendment, the mark is registrable without disclaimer as a
compound word mark pursuant to TMEP Section 1213.05(a). In particular, TMEP Section
1213.05(a) states that:

If a compound word mark consists of an unregistrable component and a
registrable component combined into a single word, no disclaimer of the
unregistrable component of the compound word will be required.

Applicant believes that this response fully addresses all points raised in the Office Action and
respectfully requests that the mark be approved for publication in the Official Gazette.

Sincerely,

/s/Matthew D. Stein

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