In 2003, the shape depicted on the left was registered for, among others, chocolate snacks, as a CTM. A competitor filed for nullity of the 3D mark. The OHIM dismissed the action, but on appeal, the 2nd Board of Appeal of OHIM reversed and cancelled the registration. In its judgment of 7 July, the CFI dismissed Mars' appeal against the decision.
The CFI held that the elongated form of the bar was, as the term "chocolate bar" suggests, rather typical for chocolate bars. It would not be perceived as indication of source. As to the "chevron" markings on top:

Lastly, as regards the three chevrons on the top of the shape at issue, it must be held that the Board of Appeal was correct to find, in paragraph 26 of the contested decision, that the average consumer of the category of goods concerned will perceive those chevrons, at the most, as decorative elements and not as a sign indicating the commercial origin of the product. The applicant has not established that the relevant consumer would pay particular attention to that characteristic or to the rounded ends to the point of perceiving them as an indication of the commercial origin of the product concerned.