Fred Rocafort

Fred leads Harris Bricken’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 Bricken, 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 Bricken 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.

China and Madrid trademarks

Color Claims for Trademarks: Avoid

Color claims for trademarks should in general be avoided. To be clear, there are situations when claiming color on a trademark registration application makes sense, but these situations are not common. What’s more, color claims might create issues in the future, if you stop using your trademark exactly as registered. When registering logos and stylized

China trademark disputes

Consolidation of Trademark Actions

Consolidation of trademark actions is a much-needed procedural avenue in China, one that would make the country’s trademark system more efficient and fairer. Actions that concern the same trademark, such as applications, oppositions, and cancellations, are generally not consolidated, wreaking all sorts of havoc for brands. This even though the Trademark Law has provisions that

China domain name scams

China Domain Name Scams

China Domain Name Scams If your company has done anything in China (even just sending someone there to meet with a supplier), you have probably received a somewhat official-looking email offering to “help” you stop someone from taking your domain registry in China or maybe somewhere else in the world. Just about everyone doing business in China

China Trademark Law

China’s Well-Known Trademarks: A Primer

Well-known trademarks enjoy protection under Chinese law. This protection is the closest China comes to protecting unregistered trademarks. However, the circumstances under which such protection is afforded are limited, given that the standard for a trademark being considered well-known is exceedingly high. To illustrate just how stringent the standard can be, consider a situation I

Banning TikTok

TikTok for Tat

TikTok has been in the news a lot lately, especially since its CEO Shou Zi Chew’s contentious testimony before the U.S. House Committee on Energy & Commerce. Americans are responding by asking different questions. Some, presumably including most of those who enjoy, and perhaps even create, TikTok content, ask, “Why are we whipping ourselves into

International trademark lawyers

Trademark Oppositions: China vs US

Trademark oppositions are proceedings by which parties can formally request the refusal of another party’s trademark application. They are a feature of the trademark laws of just about every country, including China and the United States. Though trademark oppositions serve the same purpose in both China and the United States, the contexts in which they

China trademark lawyers

WHEN to Apply for a China Trademark

Our International IP lawyers are always preaching how foreign companies must register their trademarks in China if they are going to be doing business in or producing product in China (see, for example, China Trademarks — Do You Feel Lucky? Do You?). And in most cases, companies should register their trademarks in China now. Right

China trademark use requirements

China Trademarks: Use It or Lose It

A trademark registrant in China is not required to use the trademark, but that could soon change. If a draft revision of China’s Trademark Law is adopted, registrants may be required to certify their use of their trademark every five years after registration. We have covered other aspects of the proposed law in Draft Revision

China Trademark Protection

Bad Faith TM Applicants, Bad News

The China National Intellectual Property Administration (CNIPA) has published a draft revision of the country’s Trademark Law and called for comments from the public. In our first post on the potential implications of the revised law for international brands, we looked at proposed changes to the definition of what constitutes a trademark and the absolute

China Trademark Law

Draft Revision to China’s Trademark Law

The China National Intellectual Property Administration (CNIPA) has published a draft revision to China’s Trademark Law and called for comments from the public. In this post and others that will follow, we will look at the most significant proposed revisions and consider how they might impact foreign businesses. Today we begin by looking at some