4. In determining whether a name suggests that a registrant is related to another person, partnership or group in the cases mentioned in section 3 or leads to confusion with a name used by another person, partnership or group in Québec, the following criteria shall be taken into account:(1) the distinctiveness of each of the names and of each of their elements, their visual or phonetic similarity and the similarity between the images conjured up by the names; and
(2) the way in which each name is used.