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[stuartburgh]

I have a piece of artwork that I would like to trademark.  It is very specific and made of three specific parts welded together (its a physical product that will be sold).  My patent attorney has directed me to securing a ornamental trademark for the design and not a design patent.  I haven't had any luck finding resources on how to fill out an ornamental trademark, can someone direct me in the right direction?  What form(s) are needed for this?  Thanks

[OMG IP]

If you want to secure rights to the trademark, you need to use it in association with goods while operating in commerce.

[Kaitlin]

Trademarks are brands, a way of marking goods or advertisements for services so that consumers can trust that anything with that mark comes from the same source.

Is the ornamental design a pattern that will be used on multiple items of this sort that you sell, in order to show that all products bearing this design come from your business?  If that's so, then trademark might be the area you want. 

(And has copyright protection in the design been ruled out?)

My patent attorney has directed me to securing a ornamental trademark for the design and not a design patent.

Incidentally, in the U.S. trademark rights are obtained by USING the mark, not by registering it, although it is possible to get an earlier priority date (since first to use a mark generally gets it) by filing an "intent-to-use" application for federal registration of the mark.  The applicant gets a priority date as of the date of application, but those rights don't cement till the mark is actually used in interstate commerce. 

[stuartburgh]

Hopefully this makes a little more since, after speaking to him again he meant to say Copyright, not trademark.  I'll post the question under that forum, thanks for your replies, and I apologize for the confusion

[JSonnabend]

Why not a design patent?  If the work is copyrightable, it very well may be subject to design patent as well.

- Jeff