BRAZIL: A Catchphrase, an OSCAR Award, and a Trademark Dispute

I’m Still Here made history when it became the first Brazilian film to win the OSCAR award for Best International Feature Film in 2025. The movie, a deeply personal and poetic exploration of grief and belonging during the dictatorship period in Brazil, captivated global audiences with its honesty and the commanding presence of its lead, played by Fernanda Torres. It was not just a cinematic triumph, but a cultural moment that redefined how the rest of the world perceives Brazilian storytelling.

As soon as Ms. Torres heard about the film’s first nominations in early December 2024—it had been nominated for two GOLDEN GLOBE awards: Best Picture (Non-English Language) and Ms. Torres for Best Performance by an Actress in a Motion Picture, Drama—she exclaimed in raw emotion: “A vida presta!,” loosely translated as “Life is worth it!” or “Life rocks!” Her words resonated instantly, spreading across social media, headlines, and even protest signs and café chalkboards. It was a short phrase that captured the weight of personal struggle, national pride, and artistic redemption.

But as with many viral moments, this one quickly crossed into a different domain: intellectual property (IP). Shortly before the OSCAR awards ceremony, Ms. Torres filed applications for A VIDA PRESTA before the Brazilian Patent and Trademark Office (BPTO) in Classes 9, 35, 38 and 41, but noticed that a third party unrelated to her filed an application for the identical expression at the end of 2024. The attempt was perceived as a move to capitalize on the visibility of the phrase.

Ms. Torres, through her legal team, promptly filed an opposition to this application based, among other claims, on her right of precedence, asserting prior use of the phrase in public contexts, including in media appearances and interviews following the film’s success at the GOLDEN GLOBE awards ceremony, well before the OSCAR awards ceremony. All these filings are currently awaiting examination by the BPTO.

Besides the right of precedence, this case also highlights a particular category of trademark: the slogan mark. Historically, slogans have been eligible for protection under Brazilian IP Law, provided they were not used solely as advertising tools. Recently, however, the BPTO has revised its guidelines to more clearly define the distinctiveness and registration criteria for slogans.

The new regulation specifies that for a sign to be nonregistrable: it must only serve an advertising function and lack distinctive character. Therefore, the central legal question now is whether A VIDA PRESTA functions as a protectable mark or remains a common expression too broadly used to be monopolized. Given the phrase’s direct association with Ms. Torres and its explosive relevance following her OSCAR moment, the odds may tilt in her favor.

Beyond the legal issues, the situation is a vivid example of how real-world moments, especially those charged with cultural and emotional weight, can echo in the IP arena. A single off-script phrase can become a brand, a battleground, and a symbol. And in this case, a reminder that when life surprises us and we respond creatively, this might also end up at the trademark office or even in court.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

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