223 karma · joined August 11, 2011
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.
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.