Modify a logo

Someone has created a logo for us and we are very happy with the work. We wanted to trademark our logo, but after a bit of research we found that our logo contains a royalty-free, stock illustration. According to the commercial license, the stock illustration cannot be trademarked.

So, i need someone to re-create (not copy) the logo, without losing the essence of the logo.

We need the final logo in vector format, like adobe illustrator.

I have attached our current logo. The royalty-free, stock illustration can be found at http://clipartof.com/1100884