Many South African entrepreneurs don't realize that dropping a corporate brand's logo into their pitch deck could land them in hot water. Recently, there's been growing discussion about small businesses using established company logos in their presentations, particularly when seeking partnerships or investment opportunities.
At first glance, it might seem harmless to include a potential client's logo in your presentation materials. After all, you're trying to show your ambitions and market positioning. However, these logos are protected by intellectual property laws and their use is carefully controlled through detailed brand manuals, often called brand bibles.
These brand manuals aren't just fussy corporate documents. They specify everything from the exact color codes to the minimum clear space required around the logo, the specific contexts where it can appear, and even which other logos or images can sit alongside it. Companies invest significant resources in developing and protecting their visual identity, viewing it as valuable as their products or services.
For South African SMEs, the implications are significant. Using a corporate logo without permission could potentially violate the Trade Marks Act 194 of 1993, which protects registered trademarks in South Africa. It could also run afoul of common law provisions protecting businesses against passing off - where one business misrepresents an association or connection with another.
The solution isn't to avoid mentioning potential partnerships altogether, but rather to follow proper channels. This starts with obtaining written permission from the brand owner. This permission should specifically outline how and where you can use their logo. Keep in mind that even with permission, you'll need to strictly follow their brand guidelines.
When preparing pitch decks or marketing materials, consider alternative ways to reference potential partnerships. You might use text references instead of logos, or include clear disclaimers about the nature of your relationship with these companies. If you're in discussions with a corporate entity, be upfront about your intention to reference them in your materials.
For South African businesses, there's an additional consideration: our marketplace is relatively small, and reputation matters significantly. Using a corporate's logo without permission might not just create legal issues - it could harm your business relationships and reputation in your industry.
The core message is simple: treat other companies' brands with the same respect you'd want for your own. As your business grows, you'll likely develop your own brand guidelines and understand why these protections matter. Corporate brands aren't being difficult - they're protecting valuable business assets that they've spent years building.
Getting this right isn't just about legal compliance - it's about demonstrating business acumen and professionalism. In the South African context, where many SMEs are working to establish themselves in competitive markets, showing this level of understanding and respect for business protocols can set you apart.
If you're unsure about how to properly reference potential corporate clients or partners in your materials, consider seeking legal advice. The cost of getting it right at the beginning is always lower than dealing with potential legal issues or damaged relationships later. Your business's reputation and relationships are too valuable to risk over something as seemingly simple as logo usage.
The StartUp Legal offers expert legal services tailored for SMEs, helping you secure a winning edge. For personalized support, book a complimentary consultation: https://calendar.app.google/nWoZREUnBUCwhYen7 or email us at hello@thestartuplegal.co.za.
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