legal to make star trek game ?

[psxphill]

If its free I's assume it would fall into the same category as other fans created media (like fan fiction or video).
Basically, its tolerated.

Yeah, they have tolerated free stuff for years.

But as soon as there is money involved then BAM http://deadline.com/2015/12/star-trek-fan-films-lawsuit-paramount-axanar-1201674185/

I'd say that you probably wouldn't even come up on their radar, but the smurf game did. Sure there were PD games in the past, but that was in a time when it was hard to know what infringement was going on and it would have been pretty hard to find someone responsible for producing it. Now they just need to send a C&D email to your host.

[psxphill]

other option make a game inside the Star Trek Universe no using the names and characters from the movies, making an own universe.

Star Trek takes place in our universe. A game without the Star Trek name, none of the characters, ships, concepts etc isn't really going to be a Star Trek game.

TBH you'd be better off producing a game based on your own ideas anyway.