Megaverse partially blocks Epic Games, Inc

In a recent UKIPO decision [O/1042/25] between Megaverse Ltd (Megaverse) and Epic Games, Inc (Epic), it saw Megaverse partially succeed in blocking Epic’s application for “EPIC GAMES MEGAVERSE”. Megaverse is a creative digital experience company which crafts unique stories and experiences with a particular focus on user agency and interactivity. Epic is an American video game and software developer.

Megaverse is the proprietor of UK trade mark registration no. 00918245393 for the mark MEGAVERSE covering a range of augmented reality and game software originally filed in May 2020. On 17 June 2022, Epic filed a UK designation application for EPIC GAMES MEGAVERSE covering a breadth of goods and services, including in a range of augmented and game software.

On 10 November 2025, the UKIPO handed down its decision which saw Megaverse enjoy a greater degree of success in its opposition against Epic. It was found that the term MEGAVERSE was a significant point of similarity and therefore the marks were found be visually similar to a medium degree. Epic contended that the reputation of ‘Epic Games’ saw that the EPIC GAMES component of the mark was distinctive, however this was rejected by the UKIPO. The UKIPO took issue with this point and claimed that if this argument was successful, then it would follow that any large company could avoid a finding of confusion simply by addition its own renowned branding before a word regardless of if that word was subject to a trade mark registration owned by a third party. The UKIPO held this cannot be the case as it would offer far too broad a scope of protection for large companies when applying for new trade marks.

When comparing the goods and services of both marks, whilst the UKIPO did not consider there exists a likelihood of direct confusion, however it did find indirect confusion would exist. The UKIPO found that when consumers were confronted with EPIC GAMES MEGAVERSE, they will note it consists of 2 signs, ‘EPIC GAMES’ & ‘MEGAVERSE’. The UKIPO considered EPIC GAMES will be perceived as the house mark with MEGAVERSE being a secondary indicator. As a result, the UKIPO found that it is reasonable to conclude the average consumer will be indirectly confused as to the commercial origin.

This decision highlights that even the largest and most influential brands cannot simply rely on their reputation in an attempt to register new marks which are identical or similar to earlier registered marks. Whilst Epic succeeded in defending part of the opposition, Megaverse has certainly restricted Epic’s ability to use EPIC GAMES MEGAVERSE within augmented reality and game software.

Briffa represented Megaverse Ltd

Bird and Bird represented Epic Games, Inc