1. Short title This Act may be cited as the Trademark Licensing Protection Act of 2023 . 2. Safe harbor Section 5 of the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly known as the Trademark Act of 1946 ) ( 15 U.S.C. 1055 ), is amended— (1) in the first sentence, by striking Where a and inserting the following: (a) In general Where a ; and (2) by adding at the end the following: (b) Consistency in use (1) Definitions In this subsection— (A) the term authorizing person means a person that is authorized by the owner of a mark to license that mark for use by a related company; (B) the term communicate , with respect to subparagraph (D)(i)(II), does not include any communication related to a personnel or employment policy or procedure; (C) the term employment relationship means any type of joint employer relationship, single employer relationship, or other employment-related status or relationship; (D) the term exercise control over the mark — (i) includes, but is not limited to, requiring a related company to— (I) complete training conducted for the purpose of preserving or enhancing goodwill, a reputation, uniformity, or the expectation of the public with respect to the nature and quality of goods or services associated with a mark; or (II) communicate with the owner of a mark, or an authorizing person, with respect to preserving or enhancing goodwill, a reputation, uniformity, or the expectation of the public with respect to the nature and quality of goods or services associated with a mark; and (ii) does not include any personnel or employment policy or procedure that is communicated— (I) by— (aa) the owner of a mark; or (bb) an authorizing person; and (II) to— (aa) a related company with respect to the mark; or (bb) any employee of a related company described in item (aa)