Can I create an evolved logo from an existing trademark?

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heydesign

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I have been asked to create a marketing campaign for my client. Their original logo was created by a family member and is amateurish. The problem is that they have already gone to great expense to have it trademarked in the US. My suggestion is to 'evolve' the logo so that it takes the original concept but polishes it to a professional standard.

(I have a graphic link but it won't allow me to post it here yet)

I also have created a portrait version of the logo that may be used depending on the application. They have not trademarked a portrait version of the original logo.

The evolved artwork does differ a little from the original however my gauge was the context 'if another company was using this would they be breaching the trademark of my client?' and I believe the answer is yes.

Can they successfully use the new artwork without having to re-trademark & by using the new logo would they still be protected by the trademarking on the original design?
 
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