The Smoking Gun website reports that Nadya Suleman, who famously gave birth to eight babies earlier this year, has filed two government applications to trademark the word "Octomom." Her applications, filed April 10, are for "dresses, pants, shirts, textile diapers" and for "entertainment in the nature of on-going television programs in the field of varity [sic]." But what about Super Happy Fun Fun Inc.? The Texas company filed its own trademark application a full month earlier to use "Octomom" for computer games, toys, playthings and entertainment services.
Which filer will secure the word "Octomom" for commercial use? The actual Octomom, or the company that got to the government first?
A prominent intellectual property lawyer I consulted notes that neither Ms. Suleman nor the Happy Fun Fun company has any trademark rights until they start using "Octomom" on products or services. Right now, it's just a widely used term. While there are cases where words gained fame in public before companies trademarked them -- the Volkswagen "bug" and "beetle" are examples -- they need a product or service connection to qualify for trademarks.
While Ms. Suleman's advantage is that the term refers to her -- she has some disadvantage as the second in line for trademark protection. Who will win? Remains to be seen -- but watch store shelves or your TV set for clues.
And if you want to search for other trademark applications, look here

