« on: 04-29-11 at 05:29 am »
First of all, your former employee did not "trademark" anything. He might have sought or even received registration for the mark, but he did not "trademark" it.
That distinction is important because the trademark office does not award trademarks, it merely registers existing trademark rights. Those trademark rights, in turn, are first established through use. First to use, first to own.
Thus, if you have been using the mark for some time prior to this person's apparent registration, you have senior rights (which may be of limited or far-reaching geographic scope depending on your use), and you may be able to cancel his registration.
You used an attorney before. I suggest you speak to one again now, and not delay in doing so.