Looks like a pan to me....LOL No I think the cup and handle happened already although the handle was kind of small.
I think your Fibinacci retracement is misplaced. It should go from the July Low to the December high. You have it going from the July low to the MAY high. It's backwards. EDIT: Just noticed I was looking at it upside down!
I don't think the handle is suppose to be above the cup. http://www.investopedia.com/terms/c/cupandhandle.asp
Edit: It could definitely be a cup and handle, but the pattern has to complete until it actually is one.
Not a cup and handle. At best, right now, it's an ill-formed bull flag. Or just a horizontal flag, with no clear direction (yet). In any case, in my view, it's currently sitting on or just below the uptrend from mid-July. Old support becomes resistance, so best to use a different time frame or just wait for something to be confirmed. jmho.