4. In determining whether a name suggests that a company 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 or is identical thereto, the following criteria shall be taken into account:(1) the distinctiveness of the name, its elements, the visual or phonetic similarity and the similarity between the images conjured up by the name; and
(2) the way in which the name is used.