Which TWO statements concerning company names and passing-off action are correct? 

(1) Only the Company Names Adjudicators can create a new company name, if one is needed, following a complaint about a company name that is too similar to another  

(2) A passing-off action will fail if the claimant has not sought a remedy from the Company Names Adjudicators first 

(3) A company can be prevented by a court injunction from using its name, even if it is properly registered 

(4) Courts can refuse an injunction to prevent the use of a company name if the businesses are sufficiently different in nature