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.

Illustration of a trademark registration document, a protective shield, and a mosque, with text about trademark registration in Türkiye.

Registering Trademarks in Türkiye: What You Need to Know

A Practical Guide to Trademark Registration in Türkiye: Protecting Your Brand at the Crossroads of Europe and Asia This is the third post in our global trademark series. After covering Australia and Brazil, we now turn to Türkiye—the 16th-largest economy in the world and a critical bridge between East and West. With its expansive consumer

A graphic with the text "A Practical Guide: Trademark Registration in Brazil" alongside a document icon with a registered trademark symbol and a Brazilian flag.

Registering Trademarks in Brazil: What You Need to Know

A Practical Guide to Trademark Registration in Brazil: Protecting Your Brand in Latin America This is the second post in our global trademark registration series. We began with Australia, a jurisdiction known for its modern and flexible system. We now turn to Brazil—the largest economy in Latin America and an important jurisdiction for any brand

Book cover titled "A Practical Guide to Trademark Registration in Australia" with an image of a gavel, a trademark document, and a map of Australia.

Registering Trademarks in Australia: What You Need to Know

A Practical Guide to Trademark Registration in Australia: Protecting Your Brand Down Under This is the first post in a new series exploring trademark registration around the world. We’re starting with Australia—not just because it’s a key global market, but because our firm has deep experience there. Our Sydney-based colleague, Mathew Alderson, is a veteran

Split illustration showing a single restaurant with "TM" label on the left (before) and multiple restaurants worldwide with "®", "©", and a lock symbol on the right (after).

So You Want to Take Your Restaurant(s) Overseas – Part 4 of 6: Intellectual Property Considerations

Expanding Your Restaurant Internationally: Intellectual Property Considerations It’s easy to get caught up in the excitement of new markets and emerging culinary scenes, but international expansion requires far more than translating your brand or replicating your menu abroad. It demands that you navigate unfamiliar legal systems, mitigate new risks, structure smartly, and ensure your intellectual

A cartoon chicken holding a Colombian flag and a man with a Spanish flag play tug-of-war over the word "FRISBY" in front of an EUIPO building; text reads "Frispy Spain EU trademark lawyers." and "En serio?.

Fowl Play: The Frisby Fried Chicken Trademark Dispute

Frisby Trademark Fight Highlights Key Risks for Global Brands A European trademark dispute is heating up over the use of the Frisby name, pitting a well-known Colombian fast-food chain against a Spanish company that successfully registered the Frisby trademark with the European Union Intellectual Property Office (EUIPO). (Having put up with the title, we promise

Illustration of a "Choice Act" document, pen, and scales of justice, with Florida state outline and the words "Non-Compete Agreement" in the background.

Florida Makes a CHOICE to Toughen Noncompete Enforcement

Florida’s CHOICE Act Poised to Expand Noncompete Enforcement On April 24, 2025, the Florida Legislature approved the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act, which now awaits the Governor’s signature. In a striking departure from the national trend toward limiting restrictive covenants, the CHOICE Act positions the Sunshine State as the most

Illustration with Spanish text “Acuerdo Operativo para LLC,” showing legal and business icons, a checklist, two male figures, a globe, and a document with a magnifying glass.

Acuerdos operativos de LLC en Estados Unidos

Los acuerdos operativos (operating agreements) de las LLC (limited liability companies o sociedades de responsabilidad limitada) establecen cómo se gestionará dicha entidad y son equivalentes a los estatutos de una sociedad anónima. En la mayoría de los estados de EE. UU., incluidos algunos muy populares para la constitución de LLC, como Florida, Nevada y Wyoming,

Two neighboring storefronts with signs reading "TasteBite" and "GoodBite," featuring large windows and red signage against beige and brick exteriors.

Copycat Concerns: What Hospitality Brands Need to Know About Trade Dress

Trade dress, a subset of trademark law, plays a critical role in protecting the unique visual identity of businesses, including restaurants and hotels. Violations of trade dress can lead to significant intellectual property concerns, impacting a business’s reputation and market position. This blog post explores the concept of trade dress, its importance in the hospitality

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

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,