5. If the name is likely to suggest a relationship or lead to confusion with another name or if it is identical to another name in accordance with the criteria mentioned in section 4 the prominence of the name shall be taken into account, along with the existence of competition or the likelihood of competition between the persons, partnerships or groups that name designates, with respect to
(1) their objects or activities;
(2) the goods they produce or the services they offer, the quantity thereof or the means by which they are produced or offered; and
(3) the territories where they carry on their activities and the number of persons they serve.