middletons

11 April 2007

By Express Post

Mr Dmitri Rytsk

Po Box 4102

NORTH CURL CURL NSW 2099

Dear Madam

Melbourne | Sydney

Our reference

JAF.ABW.1781284

Australian Trade Mark Application No. 1118972 'WOGLEBAY" in class 35 in the name of Dmitri Rytsk  andOpposition by Google Inc.

We enclose by way of service:

An Application for an Extension of Time to Serve Evidence in an Opposition Proceeding; and

2. A Statutory Declaration signed by Jonathan Ariel Feder dated 11 April 2007.

Could you please confirm receipt of the above documents.

Your faithfully

Tony Watson Partner

encl

Level 21 Soth Tower

525 CollinsStreet

GPO Box 4388 Melbourne VIC 3000 Partner Contact

Melbourne VIC 3001 Australia Tony Watson Jonathan Feder

DX 405 Melbourne telephone: +61 3 9205 2000 telephone: (03) 9640 4273 telephone: (03) 9640 4375

www.middletons.com.au facsimile: +61 3 9205 2055 tony.watson@middletons.com.au jonathan.feder@middletons.com.au

docs 179513v1 JAF

Statutory Declaration

In the matter of Australian Trade Mark Application No 1118972 "GOOGLEBAY" in class 35 in the name of Dmitri Rytsk (the Applicant)

and

Opposition thereto by Google, Inc. (the Opponent)

1, JONATHAN ARIEL FEDER, of Level 25, 525 Collins Street, Melbourne in the State of Victoria do solemnly and sincerely declare as follows:

1 am a Solicitor of Middletons who carry on business from the above address and 1 have the care and conduct of this matter on behalf of the Opponent under the supervision of Anthony Brooke Watson, a Partner of Middletons, 1 am authorised to make this Declaration on behalf of the Opponent.

2. The Applicant has filed Australian Trade Mark Application No 1118972 "GOOGLEBAY" in

class 35 (the Trade Mark) as an Australian registered trade mark. The Opponent has filed

a Notice of Opposition with respect to the Trade Mark.

3. 1 make this declaration in support of the Opponent's application for an exten sion of time of

one month under Regulation 5.15 of the Trade Marks Regulations 1995 (Cth) (the

Regulations) in which to file its Evidence in Support in this opposition proceeding.

4.

In consultation with the Opponent, 1 have drafted a statutory declaration of Rose Hagan, Senior Trade Mark Counsel for the Opponent and this statutory declaration constitutes the Opponent's evidence in support in this opposition proceeding. On 5 April 2007, a final copy of the statutory declaration of Ms Hagan together with the exhibits referred to therein were sent to Ms Hagan by express international courier in order that the statutory declaration could be signed by Ms Hagan and witnessed appropriately. However, due to the Easter holiday period the Opponent has been unable to send back the signed and witnessed Statutory declaration to Middletons so that it could be filed and served in this opposition proceeding by 11 April 2007.

5. 1 expect to receive the signed and witnessed copy of the statutory declaration of Ms Hagan

later this week. Once it is receive then 1 will proceed to file and serve this statutory

declaration which will constitute pponent's evidence in this opposition proceeding.

docs 1795067v1 JAF