It's useful if the startup has something it wants to hide in its trademark application (like a product description that it wants to protect) and can justify the added filing fees. But, there are over 1,000 new US trademark filings every day so in most cases, someone would have to be actively searching for it. Also, often the description that accompanies a trademark application is rather broad, so it may be difficult to determine what the application is for without knowing more. Tech companies like Google and Apple are under much more scrutiny.
It's in part a strategy to hide their plans from each other, but it's also to be able to announce their products to the public on their terms and control the timing and pace of the reveal.
You may be able to request trademark application records in those jurisdictions, but I imagine it's more of a process. You would also likely need to know the mark itself or the company filing the mark. In the case of Apple, if they file applications under a shell entity and without knowing the product name, it would be difficult to find the application. Also, given the high number of countries without electronic IP records, there are still plenty of opportunities to hide filings.
That being said, it's likely a loophole that will become increasingly narrow over time as more IP offices go online.
I can not answer your question as I am not a New York lawyer.(unauthorized practice and all)
However, more generally it is very common for a small business to file articles with different address and immediately amend after filing. Why? Because it is the chicken and egg problem, a business can not sign a business lease in the business name without the articles being filed and articles can not be filed with a business address before the lease is signed. Therefore it is normal course of business for small businesses to file articles with a home address, then upon formation sign a lease in the business name, then amend the articles to reflect the new business address, and all along the businesses know they will do this.
Checked out plainlegal.com (mobile), very nice.
Edit: for clarification I am a FL attorney, my old firm has offices in 7 states (including NY) and the UK
There are also better uses of startup capital than expensive newspaper notices that aren't benefiting the public as the same information is available on state websites. In the aggregate, millions of dollars are being transferred to newspapers each year through this law.
All that's probably true, but the effort to change a largely inconsequential (my view) law would not be worth the cost (time and effort) that could be more effectively spent elsewhere.
And the fair dealer in me doesn't feel too bad about giving some free revenues to an industry largely gutted by start ups.
Check out PlainLegal (plainlegal.com), which helps entrepreneurs connect with vetted startup lawyers. All of the lawyers on PlainLegal have at least five years of experience and have been prescreened to ensure quality.
If a company incorporates as an LLC in another state, New York loses out on the formation filing fees. Also, if the company also chooses to set up its office elsewhere, New York would lose out on additional tax revenue.
