Fred Rocafort

Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog.

Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America.

In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions.

Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s.

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United States Territories

U.S. Territories: “United States” or Not

U.S. Territories and Their Status For international businesses considering expansion into U.S. territories, a clear understanding of U.S. laws for foreign companies is essential. While it may seem that doing business in the United States follows a uniform legal framework, each U.S. territory operates under distinct legal, tax, and immigration rules. This guide provides key

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The India and Brazil Trademark Boom India and Brazil are experiencing a surge in trademark applications, reflecting a major shift in their business landscapes. As these economies grow rapidly, companies worldwide are recognizing the need to secure brand protection in these key markets. If your business hasn’t yet considered trademark registration in India or Brazil, now is the time to assess whether these dynamic economies should be part of your intellectual property strategy. The Numbers Tell a Story: India and Brazil’s Trademark Surge India and Brazil have seen record-breaking growth in trademark filings, highlighting a surge in brand-consciousness among businesses. In fiscal year 2022-23, India recorded more than 466,000 trademark applications—nearly double the number from 2018-19. Meanwhile, Brazil’s National Institute of Industrial Property (INPI) has reported consistent double-digit growth in filings, signaling a rising emphasis on brand protection. What’s driving these sharp increases in trademark filings? A mix of economic expansion, government initiatives, and a booming entrepreneurial ecosystem. Let’s look at the key factors behind this trend. India: A Manufacturing Powerhouse and Expanding Consumer Market India has become one of the world’s fastest-growing economies, driven by industrial expansion and a booming consumer market. Several key factors are fueling the surge in trademark filings: “Make in India” and Manufacturing Growth – Government-led initiatives like Make in India and Production-Linked Incentive (PLI) schemes have encouraged global businesses to set up manufacturing operations in India. As companies invest in production, securing trademark protection has become essential in this increasingly vital supply chain hub. A Thriving Tech and Startup Ecosystem – India is now home to the world’s third-largest startup ecosystem. As businesses scale, they are proactively registering trademarks to safeguard their brand identities and protect against copycats. An Expanding, Digitally Savvy Middle Class – With a growing consumer base, both domestic and international brands are competing for market share. Trademark protection has become crucial for preventing brand dilution and counterfeiting in this high-demand marketplace. Brazil: A Consumer Powerhouse with Strong Regional Influence Brazil, the largest economy in South America, is experiencing its own surge in trademark applications, reflecting a maturing market that is increasingly brand-conscious. The country’s appeal lies in several factors: A Growing Middle Class & Rising Consumer Spending – Despite economic fluctuations, Brazil remains one of the most attractive consumer markets in Latin America. As e-commerce and retail expand, businesses are rushing to secure their brand identities. Stronger IP Enforcement & Streamlined Processing – Brazil has implemented major reforms to streamline its trademark registration system, reducing backlog issues at INPI and making it easier and faster to secure trademark rights. Strategic Gateway to Latin America – Brazil often serves as a springboard for companies looking to expand across South America. A trademark presence here can be crucial for protecting brand identity across the region. What This Means for Businesses The rapid rise in trademark filings in India and Brazil underscores the urgency for businesses to assess their international brand protection strategies. If the Indian or Brazilian markets are (or could be) part of your expansion plans, securing trademark rights early is crucial to: Prevent Unauthorized Use – Proactively registering your trademark reduces the risk of infringement, brand squatting, and unauthorized use. Ensure Market Access – Many e-commerce platforms and distribution networks in these countries require proof of trademark registration before granting access. Enhance Brand Value – Trademark registration adds value to your business, enhances credibility, and strengthens your legal standing in case of disputes. Don’t Wait Until It’s Too Late! The surge in trademark filings in India and Brazil shows that businesses are prioritizing brand protection in these dynamic markets. If your company has current or future plans to operate in either country, acting now is crucial. Delaying trademark registration can expose you to significant risks, including legal hurdles, brand dilution, and costly litigation. India and Brazil--like most countries--operate under a first-to-file trademark system, where the first to file a trademark application holds priority, even over those who used the mark in commerce first. This makes early filing essential. Waiting too long could allow a competitor or even a trademark squatter to register your brand, effectively locking you out of these valuable markets. The consequences can be severe, potentially forcing you to rebrand, negotiate a costly buyout, or abandon your expansion plans altogether. To better understand the critical importance of first-to-file systems, I encourage you to read Manufacturing in China: China Trademark Registration Should be the FIRST Thing You Do. The principles discussed there apply equally to India and Brazil. Protecting your brand in key markets like India and Brazil isn’t just a legal formality—it’s a strategic necessity. If you're considering expansion or need guidance on securing your trademarks, I’d be happy to help. Contact me today to discuss your specific needs and ensure your brand is protected in India and Brazil.

India and Brazil’s Trademark Boom: What It Means for YOUR Business

The India and Brazil Trademark Boom India and Brazil are experiencing a surge in trademark applications, reflecting a major shift in their business landscapes. As these economies grow rapidly, companies worldwide are recognizing the need to secure brand protection in these key markets. If your business hasn’t yet considered trademark registration in India or Brazil,

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United States trademark of a flag or country

Flags and Country Names in Trademarks: The Legal Pitfalls to Avoid

Flags can get you in trouble when you apply to register a trademark. Many countries, including the United States and China, prohibit the registration of flags as trademarks. Are you planning to incorporate a flag or country name into your brand? If so, proceed with caution to avoid legal complications. Section 2(b) of the U.S.

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Utah Yetis Trademark Dispute: United States trademark Lessons

Utah Yetis: U.S. Trademark Lessons for All

United States Trademark Lessons Utah Yetis. I’ll leave it up to readers to decide if they think it’s a cool name or not for a sports team. But what is undeniable is that the troubles the NHL’s Utah Hockey Club is encountering over its attempt to use and register that name as a trademark offers

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The Penn State University logo, featuring its iconic lion emblem, proudly takes center stage against a backdrop of a bustling Penn State football stadium.

Penn State Vintage Trademarks: Protecting the Future via the Past

Penn State University has emerged successful in a high-profile legal battle against online retailer Vintage Brand and Sportswear Inc., securing $28,000 in damages for unauthorized use of its vintage sports logos. This case, the first of its kind to go to trial (at least in the United States), underscores a critical issue in the sports

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A digital graphic with the word "TRADEMARK" in the center, surrounded by various blue and white icons representing business and technology concepts.

Why Descriptive Trademarks Can Hurt Your Brand (And How to Fix It)

Descriptive Trademarks This morning, I had a call with a client about a new business they’re launching. The concept is great but one thing they will need to work on is the name of the new business. Why? Because it leans heavily on a descriptive trademark—and that’s a problem. If you’re launching a business or

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A digital graphic with the word "TRADEMARK" in the center, surrounded by various blue and white icons representing business and technology concepts.

United States Trademark Maintenance: Registration Is Just the Beginning

United States Trademark Maintenance Think you’re done after registering your trademark? Think again. Registering a trademark in the U.S. marks a significant milestone for any business, granting legal protection to your brand. However, this is not a one-time process. Maintaining your trademark rights requires fulfilling specific ongoing obligations to ensure your brand remains protected under

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Chinese and Vietnamese names as United States trademarks

United States Trademark Protection for Chinese and Vietnamese Brand Names

United States Trademark Protection for Chinese and Vietnamese Brand Names I recently spent a few days in Houston, among other things enjoying the culinary delights that can only be found in a city as international as H-Town. During these explorations, which included stops at some superb Chinese and Vietnamese eateries, I had the chance to

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Mexico Data Protection Law FAQ

FAQs on Mexico Data Protection Law

Mexico Data Protection Law 1. What is the Federal Law on the Protection of Personal Data Held by Private Parties? Answer: This is Mexico’s primary legislation governing the collection, processing, and protection of personal data held by private entities. It sets out requirements for data breach notifications and data protection measures. 2. What constitutes a

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Mexico Data Protection Law Firm

Mexico’s Data Breach Notification Statutes: A Comprehensive Guide

Mexico Data Breach Laws In the digital era, the protection of personal data is paramount for maintaining trust and ensuring privacy. Mexico’s Federal Law on the Protection of Personal Data Held by Private Parties (the “Law”) establishes stringent requirements for personal data breach notifications, underscoring the importance of safeguarding sensitive information. This comprehensive guide delves

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