file: \\intrepid-prod.ic.gc.ca\tmdata\ec\trade_mark\01\39\08\98\gowvan1404173006426_rev.html printed: 2009-04-15 13:14

Electronic Application Receive TimeStamp: April 15, 2009 12:39:24 PM

Description : ANDROPENIS & Design

Date : April 15, 2009

Attention: David MacDonald

Please find attached an amended application for filing and our response.

Trade-mark application number: 1390898

Reference No. : V68447CA

A formal drawing of the trade-mark is attached.

Other Document T:\FitzpatM\Herrero & Asociados, S.L\ANDROPENIS & Design\CA\VAN_LAW-#491906-v1-response.DOC enclosed.

1. The applicant, ANDROMEDICAL, S.L., the full post office address of whose principal office or place of business is Proción, 7 Edificio América II, Bloque 4 pl. baja, 28023 Madrid, SPAIN, applies for the registration, in accordance with the provisions of the Trade-marks Act, of the trade-mark identified below.

2a. Colour is claimed as a feature of the trade-mark. The words are blue on a white background. The rectangular outline is blue. The square between the words is blue containing the outline of a quarter circle and arrow in white.

3. The trade-mark has been used in Canada by the applicant in association with all the specific wares listed hereafter, and the applicant requests registration in respect of such wares. The trade-mark has been so used in Canada in association with the general class of wares comprising the following specific wares (1) Medical apparatus for the enlargement of the penis since at least as early as 2003.

4. The applicant appoints GOWLING LAFLEUR HENDERSON LLP, whose full post office address in Canada is BENTALL 5, 550 BURRARD STREET, SUITE 2300, P.O. BOX 30, VANCOUVER, BRITISH COLUMBIA, CANADA, V6C 2B5, as the person (firm or any member of the said firm), as its agent to prosecute this revised application with full powers of amendment and substitution, to execute any amendment related thereto as well as any amended revised application, and to represent the applicant with respect to this revised application, the said agents being authorized to receive the registration certificate on behalf of the applicant.

5. The applicant appoints GOWLING LAFLEUR HENDERSON LLP, whose full post office address in Canada is BENTALL 5, 550 BURRARD STREET, SUITE 2300, P.O. BOX 30, VANCOUVER, BRITISH COLUMBIA, CANADA, V6C 2B5 as the person (or firm) to whom any notice in respect of the revised application or registration may be sent, and upon whom service of any proceedings in respect of the revised application or registration may be given or served with the same effect as if they had been given to or served upon the applicant or registrant.

6. The applicant is satisfied that it is entitled to use the trade-mark in Canada in association with the wares described above.